( 1 ) THE appellant is an employee under national Insurance Company Ltd. He joined service in the year 1977 and was placed under suspension on March 28, 1984 in view of certain charges levelled against him. A regular departmental proceeding was then initiated and finally he was dismissed from service on July 21, 1989. He preferred an appeal against the said dismissal and that appeal having been dismissed, he filed a writ petition which was also dismissed by the learned single Judge. Against the same, he preferred a special appeal before the Division Bench, but the same having been dismissed, the appellant has approached this Court.

( 2 ) MR. Bahuguna, the learned Senior counsel appearing for the appellant contended that in view of the judgment of this Court in the case of Punjab National Bank v. Kunj Behari misra AIR 1998 SC 2713 : 1998 (7) SCC 84 : 1998-II-LLJ-809, the impugned order of dismissal cannot be sustained though Mr. Subramanium, the learned senior counsel appearing for the respondent, vehemently contended that in the present case, there is no infirmity with the impugned order of dismissal. Having examined the rival contentions we are persuaded to agree with the submissi