B.S. Chauhan, J. - (1.) The instant writ petition has been filed for quashing the order dated 23.1.95 by which the petitioner has been dismissed from service and the order dated 28.4.95 by which his appeal has been rejected.
(2.) The facts and circumstances giving rise to this case are that the petitioner, while working as a Clerk-cum-Cashier with the respondent Bank, was placed under suspension vide order dated 4.2.93 pending inquiry on the charges of visiting another village and misappropriating the amount of Rs. 8000/-, for which a criminal case was also lodged. On 13.7.93, a charge sheet was served upon petitioner in departmental proceedings and after inquiry, the Disciplinary Authority passed the order of his dismissal from to service vide order dated 23.1.95. The order of dismissal was unsuccessfully challenged before the Appellate Authority. Being aggrieved and dissatisfied, he preferred the present writ petition, which was allowed by the learned Single Judge vide judgment and order dated 22.4.99. The respondent bank preferred Special Appeal against the said order dated 22.4.99 and the same is was allowed vide judgment ana order dated 8.9.99 and after setting aside the said order dated 22.4.99 the case was remanded to be decided afresh on merit.
(3.) In fact, while entertaining the matter, this Court. on 22.12.97, passed the following order:- "Issue notice why the petition should not be admitted only on the ground of excessive punishment.";