M.S.K. Jaiswal, J.

This writ petition is filed questioning the impugned termination proceedings issued by the respondents, dated 27.09.2004 against the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondents.

3. The brief facts of the case are as under:

While the impugned termination proceedings were issued, the petitioner was working as cashier in the 1st respondent bank. His date of superannuation is 30.09.2004. During his tenure as Cashier, on certain allegations that he has misappropriated cash balance of Rs. 5,19,612/- in collusion with the in-charge Manager-M. Jagadeeswararao, and basing on preliminary enquiry report, he was placed under suspension vide proceedings dated 25.06.2004. On 12.08.2004, he was issued charge memo, framing the following charges;

(i) That he has misappropriated the Bank Cash Balance of Rs. 5,19,612/- for his personal use by colluding with Manager, thereby committed gross misconduct in terms of Agreement/Award;

(ii) That, he has drawn amounts under suspense due to A/C. in violating the instructions, thereby committed gross misconduct in terms of Agreement/Award;

(iii) That he has alter