Petitioner is aggrieved by part of the order dated 26.5.2010 (Annexure-5), passed by the appellate authority of the Bank of India (for short 'the Bank') whereunder he has been denied the salary and other benefits for the period between 23.6.2003 to 26.5.2010 (the date of passing of order under Annexure-5).

2. Relevant facts, in brief, are as follows:-

During the year 1991, petitioner was posted as Clerk-cum-Cashier in Soan Branch of the Respondent-Bank in the district of Buxar where an FIR was lodged against the petitioner and two others on 18.2.1991 alleging therein that the petitioner and other accused had committed rape on the prosecutrix. On conclusion of investigation a charge-sheet was, submitted which gave rise to the S.T. No. 8/93 of the Court of 3rd Addl. District and Sessions Judge, Buxar, who by judgment and order dated 23.8.2001 (Annexure-1) held the petitioner guilty under Sections 452 and 376 IPC and sentenced to undergo R.l. for ten years thereunder besides imposition of fine having default clause. The Chief Manager of the Respondent-Bank being the disciplinary authority vide order dated 23.6.2003 invoking jurisdiction conferred on him under the provisions of Banking Regulation Act, 1949 and also paragraph 19.3(b) of the Bipartite Settlement dated 19.10.1966 (as amended upto date) imposed punishment of dismiss by order dated 23.6.2003 (Annexure-2). Aggrieved by the aforesaid order dated 23.6.2003, petitioner filed an appeal. The appellate authority by order dated 11.8.2003 confirmed the order of dismissal inflicted on him by the disciplinary authority. Aggrieved by the aforesaid order, the petitioner filed writ petition before this Court vide CWJC No. 10271 of 2003. Said writ petition was disposed of whereunder petitioner was permitted to make representation in the event the appeal filed by the petitioner is allowed. The said appeal was allowed by judgment and order dated 30.4.2009 (Annexure-3), whereby the judgment and order of conviction appealed against was set aside. After his acquittal by this Court, the petitioner made a representation on 15.5.2009 praying therein his reinstatement in the service of the Respondent-Bank. Considering the delay in disposal of the said representation, he again approached this Court by filing a writ petition being CWJC No. 13517 of 2009. This Court by order dated 26.10.2009 (Annexure-10 to the supplementary affidavit) disposed of the writ petition directing the Respondent Bank to consider his representation in accordance with law as also in the light of the provision of the Bipartite Settlement arrived at between the Respondents-Bank and the employees. The Assistant General Manager (the disciplinary authority) of the Respondent-Bank, on examination of the matter, passed an order dated 26.12.2009, whereby petitioner was discharged from service with one month pay and allowances in lieu of notice, not amounting to disciplinary action. It was further directed, inter alia, that the period of his absence from the date of dismissal (23.6.2003) to the date of order would not be treated as the period spent on duty and no pay and allowances will be admissible for the said period. Aggrieved by the aforesaid order, the petitioner again approached this court in CWJC No. 4816 of 2010 Said matter was disposed of by order dated 16.4.2010 (Annexure-11 to the supplementary affidavit), whereby-petitioner was directed to file appeal and the appellate authority was directed to consider and dispose of the same taking into consideration the findings recorded by the appellate court while acquitting him of the criminal charge(s). In the light of the said order, an appeal was preferred which was considered and disposed of by order dated 26.5.2010 as contained in Annexure-5, part of which has been impugned in. the present writ petition. The appellate authority granted the petitioner substantive relief when the order of discharge passed "by the disciplinary authority of the Respondent-Bank was set asid