JUDGMENT

H.K. Sema, J. — The challenge in this appeal is to the order dated 2nd August, 2002 of the High Court of Judicature at Bombay whereby the imposition of penalty of removal inflicted upon the respondent, who is a bank officer, preceded by an inquiry, is set aside with a direction to the appellant to reinstate the respondent with all consequential benefits including that of back wages, to be paid within a period of three months.

2. Briefly stated, the facts are as follows:

The respondent was working as an officer under the appellant bank and at the relevant time he was posted as Manager, Personnel Banking Division, Palghar Branch. Sometime in June, 1986 the respondent introduced one Shri Kishor Bidaye and Shri D.B. Angane to the Branch Manager Jogeshwari (W) Branch. The respondent brought said Shri Bidaye to the Branch Manager and got a current account opened in the name of Shri Bidaye. He had also introduced the said current account by giving his old Andheri address at Bombay as the address of Bidaye. A cheque was issued in favour of the State Bank of India, which was to be invested in the name of the Trust/Board. However, the respondent insisted that the funds were m