Judgment :-

A.K. Sikri, J.

1. Leave granted.

2. These appeals arise out of the decision dated 19th December 2011 rendered by High Court of Judicature at Allahabad, whereby three Writ Petitions filed by the respondents in these appeals have been disposed of with certain directions.

3. Before we point out the directions of the High Court in the impugned judgment and the grievance of the appellant thereto, it would be proper to traverse the seminal facts which are largely undisputed.

4. The appellant-Bank had issued separate charge-sheets to six employees leveling identical charges. Three respondents before us in these appeals were the three employees out of those six employees to whom these charge-sheets were issued. All the six employees, including the respondents herein, filed their replies to the charge-sheets denying the charges.

5. For certain unknown reasons, the appellant-Bank initially chose to proceed and conduct the enquiry only against the respondents herein and appointed an enquiry officer. After conducting the enquiry, the enquiry officer submitted his enquiry report, returning the findings that charges leveled against the respondents stood proved. After giving the opportunity to the respondents to file their response and objections to the enquiry report, the Disciplinary Authority imposed the punishment of dismissal from service vide order dated 15th February 2008 in respect of all the three respondents, though orders were passed separately in each case. These - respondents filed departmental appeals which were also dismissed by the Appellate Authority vide orders dated 28th April, 2008.

6. Aggrieved by the orders of the Disciplinary Authority as well as the Appellate Authority, the respondents approached the High Court by way of Writ Petitions.

7. It so happened that though the other three employees had denied the charges and the enquiry officer was also appointed in their cases (of course after the finding of guilt was recorded by the enquiry officer in the case of the respondents) before the enquiry officer, the said three employees admitted the charges and tendered unconditional apology. They also gave undertaking that they would not commit any such misconduct in future. The enquiry officer recording this, forwarded his report to the Disciplinary Authority and keeping in view that those employees had tendered unconditional apologies with the assurance, as aforesaid, all three of them were inflicted the penalty of reduction of his basic pay by one stage for one year with cumulative effect” under Regulation 38(1)(b)(ii) by separate orders dated 25th June 2008, 26th June 2008 and 30th June 2008. This is a - major penalty as per the aforesaid Regulations though in the impugned order, High Court has termed it as “minor punishment”

8. Be that as it may, when the three Writ Petitions filed by the respondents herein came up for hearing before the High Court, the counsel who appeared on behalf of the respondents pointed out the orders of punishment passed by the Disciplinary Authority in the case of aforesaid three employees and made a statement that the respondents were also willing to tender unconditional apologies for their misconduct with assurance that they would not repeat the same and would not give any cause of grievance to the Bank in future. The High Court directed the counsel for the Bank to seek instructions as to whether the Appellate Authority (which is the Board of Directors in these cases) was willing to reconsider the unconditional apology of the respondents and award the same punishment which had been awarded to other persons charged for the same misconduct. Counsel for the Bank took the instructions and on the next date of hearing informed the High Court that he had received a letter from the Bank to the effect that since the Appellate Authority was the Board of Directors which had also decided their appeals and confirmed the order of punishment, it could reconsider the matter only if the Court issues such a d