A.K. Patnaik, J. - (1.) This is an appeal against the order dated 12.04.2006 of the Division Bench of the Allahabad High Court in Civil Miscellaneous Writ Petition No. 8415 of 2003.
(2.) The facts very briefly are that the Respondent No. 1 worked as a Branch Manager of the Appellant-Bank at Sirsaganj Branch. He was served with a charge-sheet dated 22.12.1999 alleging various acts of misconduct as the Branch Manager of Sirsaganj Branch. Thereafter, an enquiry was conducted and the enquiry officer submitted a report dated 28.09.2000 holding that four out of the six charges were proved against the Respondent No. 1. The charges No. 1, 2, 4 and 6 which were proved against the Respondent No. 1 in the enquiry are as follows: Sl. No.CHARGES 1.He authorized opening of a Savings Bank Account No. 18776 on 31st March 1999 in the name of "TrailokyaBauddhaMahasangaSahayakeGane" a religious body at he Sirsaganj Branch without completing the formalities connected with opening of new accounts of such societies. 2.He debited Savings Bank Account No. 18776 of "TrailokyaBauddhaMahasangaSahayakaGane" with Rs. one lac on 04.08.1999 on forged signatures of the depositor and credited the amount to his Savings Bank Account No. 101/18360 at the Branch. The debit and credit vouchers have been passed by him. 4.Zonal Office vide S.L. No. P &C/483 dated 08.12.1998 advised the Branch regarding posting of Field Officer/Manager (Agri) at the Branch and handing over the relative charge to the concerned persons. He intentionally did not make arrangements for handing over the charge of Field Officer/Manager (Agri) to the concerned officers despite Zonal instructions. Further, the loan applications received at the Branch were sanctioned by him without the recommendations of Field Officer/Manager (Agri). 6.He claimed false T.A. Bill viz. Rs. 150/- for going to various villages on 15.05.1999 as included in his monthly Bill for Rs. 1,275/- for the month of May 1999 and at the same time, also claimed Rs. 275/- as TA Bill for 15.05.1999 for visiting Zonal Office, Agra thus he lodged false Bill for his official work. A copy of the enquiry report was served on the Respondent No. 1 and the Respondent No. 1 was given an opportunity to submit his representation against the findings of the enquiry officer. The appointing authority then considered the enquiry report and the records of the enquiry and the submissions made by the Respondent No. 1 and imposed the penalty of dismissal from service by order dated 15.05.2001. The Respondent No. 1 filed an appeal against the order of the appointing authority, but the appellate authority dismissed the appeal by order dated 09.03.2002. The Respondent No. 1 filed a Review Petition, but the reviewing committee also dismissed the Review Petition by order dated 20.12.2002.
(3.) Aggrieved, the Respondent No. 1 filed Civil Miscellaneous Writ Petition No. 8415 of 2003 and the High Court, after hearing the learned Counsel for the parties, allowed the Writ Petition and quashed the order of dismissal passed by the appointing authority as well as the order passed by the appellate authority and, as the Respondent No. 1 had already retired from service, directed the Appellant to release his arrears of salary as well as the post retirement benefits.;