JUDGMENT :

RAJESH BINDAL, J.

1. The challenge in the present appeal is to the judgment¹ [Dated 30.07.2009] of the High Court² [High Court of Bombay] passed in A Writ Petition³ [Writ Petition No. 15 of 1995]. Vide the aforesaid judgment, the Division Bench of the High Court had set aside the order dated 03.03.1993, passed by the appellant-Bank, wherein the punishment of dismissal was imposed upon the respondent no. 1 and the order dated 23.07.1993, by which the appeal filed by him was dismissed by the Appellate Authority.

FACTS

2. Briefly the facts, available on record, are that the respondent no. 1 was appointed as an Apprentice in the appellant-Bank⁴ [United Commercial Bank] in the year 1952. In the year 1974, he was posted as a Branch Manager at Moradabad Branch. From there, he was transferred to Calcutta Main Branch as an Assistant Manager. In the year 1976, the respondent no. 1 was promoted and was transferred to Bombay as Senior Management Scale-IV Officer. Between the year 1988-90, he served as an Assistant General Manager at Bombay Main Branch. He attained the age of superannuation on 02.07.1991 and was due to retire on 31.07.1991. An intimation notice for retirement was serve