JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---The employee in the present case, the first respondent in Writ Petition No. 1520 of 1997 filed by the employer, was a Special Assistant in the service of the Union Bank of India. A charge-sheet dated 6th July, 1984 was issued to him, in which a disciplinary enquiry into a charge of misconduct was proposed to be held. The charge against the first respondent was that while in the employment of the bank, he had fraudulently enrolled 84 members in the guise of floating a Co-operative Housing Society. As the Chief Promoter, the first respondent was alleged to have collected an amount of Rs. 7.20 lakhs by cheque and in excess of Rs. 1 lakh in cash over a period of 6 years. (These members who were enrolled, it is common ground, were employees of the Bank). The charge-sheet recited that false assurances were given to the members to the effect that the clearance of the Government of Maharashtra had been received by the first respondent and on these assurances amounts were collected from the proposed members of the Co-operative Society. Since no progress was achieved in the fulfilment of the object of the society, the members requested the first respond

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