Paritosh Kumar Mukherjee, J. - (1.) The short point calls for determination in the present writ petition is that whether after the order of dismissal of the writ Petitioner, Kshirode Chandra Roy, from service, being set aside by the judgment of this Court, the Respondent State Bank Authorities would be entitled to proceed afresh, on the basis of the liberty given by the learned Single Judge, without re -instating the writ Petitioner and without payment of back wages for the intervening period.
(2.) The facts of this case is as follows: The writ Petitioner was working as an officer in the State Bank of India at its Commercial Division in the Calcutta Main Branch (hereinafter referred to as the Bank). The writ Petitioner took a loan of Rs. 5,000 from Raj Banijya Pratisthan, a customer of the Bank, on April 27, 1979. He took a further loan of Rs. 2,000 from the said Raj Banijya Pratisthan on May 8, 1979. Complaint was lodged by the said Raj Banijya Pratisthan to the Bank that the Petitioner had taken Rs. 7,000 from them, but did not repay the same. On February 20, 1984, charge -sheet was issued against the Petitioner, inter alia, that the Petitioner by misusing his official position in the Bank availed of loans amounting to Rs. 5,000 on April 27, 1979, and Rs. 2,000 on May 8, 1979, and further failed to repay the same.
(3.) Ultimately, on November 26, 1984, and January 10, 1985, the aforesaid amount of Rs. 2,000 and Rs. 5,000 were repaid by the writ Petitioner to the said Raj Banijya Pratisthan.;