SUJATA V.MANOHAR, J.

(1) THE respondent was a clerk-cum-cashier in the Ranchi branch of the State Bank of India it the material time. The appellant-State Bank of India, by an order dated 23/7/1993, placed the respondent under suspension. The order of suspension stated as under:

" 1. Certain acts of gross misconduct on your part have been brought to the notice of the undersigned. It has, therefore, been decided to place you under suspension from bank service with immediate effect in terms of para. 521(10)(b) of the Sastri Award as retained in the Desai Award.

2. During the period of suspension, you are being attached to Hatia branch to draw your subsistence allowance, which shall be paid in terms of provisions of the Sastri Award as retained in the Desai Award and as modified in para. 5 of XVII of the Memorandum of Bipartite Settlement dated Septembers, 1983."

According to the appellant, the order of suspension was a result of the respondent having dishonestly passed and got an amount of Rs. 3 lakhs against a cheque dated 19/7/1993, in respect of an alleged current account in the name of K. P. Sharma which current account was not existing. An FIR was lodg