Debasish Kar Gupta , J. - (1.) These two appeals are directed against a judgment and order dated September 10, 2014, passed in W.P. No.21400 (W) of 2012 quashing and setting aside the orders dated August 1, 2011 passed by the Executive Director, Personal Banking Vertical & Disciplinary Authority, Industrial Development Bank of India (hereinafter referred to as the said disciplinary authority) and March 30, 2012/April 7, 2012 passed by the statutory appellate authority (hereinafter referred to as the said appellate authority), respectively, against Shri Ashok Kumar, an Assistant General Manager, Industrial Development Bank of India, (hereinafter referred to as the said officer) with further direction upon the Bank authority to reinstate the said officer with continuity of his services but not to pay any back wages. The disciplinary authority was also directed to impose a suitable lesser punishment upon the said officer in terms of Rule 4 of the D and A Rules, 2006 except penalties under Rule 4 (2) (h), Rule 4 (2) (i) and Rule 4 (2) (j) under the D and A Rules of 2006.
(2.) The former appeal bearing F.M.A 712 of 2015 is preferred by the Industrial Development Bank of India (hereinafter referred to as the said Bank) against quashing and setting aside the orders dated August 1, 2011 passed by the said disciplinary authority and March 30, 2012/April 7, 2012 passed by the said appellate authority as also against direction upon the Bank authority to reinstate the said officer with continuity of his services. The later appeal bearing MAT No.1795 of 2014 is filed against the aforesaid judgment by the said officer, who was the respondent in the former appeal against the direction that he should not be entitled to any back wages.
(3.) The said officer was appointed under the said Bank to discharge function in the post of Assistant General Manager Grade "C" on and from March 1, 2007. His service was confirmed on and from April 1, 2008 while he was discharging the function of Branch Head, Personal Banking at Shakespeare Sarani Branch of the said bank. His leave for solemnization of marriage was sanctioned by the authority for the period from February 19, 2009 to March 11, 2009. While he was on leave, he submitted an application dated March 12, 2009 for extension of the above leave through e-mail of one Mr. Guriya, an Officer of Patna Branch of the said Bank from March 12, 2009 to March 24, 2009 for the purpose of performing the postmarriage obligatory rituals.;