JUDGMENT :

P.B. BAJANTHRI, J.

1. Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:

“1. That this is an application for issuance of a writ in the nature of certiorari for quashing of the order dated 16/26.06.2010 (signed on 26.6.2010) passed by Assistant General Manager (Admin.)-cum-Disciplinary Authority, disciplinary Proceeding Cell, State Bank of India Administrative office, Purnia, whereby and whereunder, the Disciplinary Authority has imposed a penalty upon the petitioner of “Removal from Bank’s service with superannuation benefits as would e due otherwise and without disqualification from future employment” under Para 6(b) of memorandum of settlement dated 10.04.2002 on disciplinary action for workmen staff with forfeitures of payment of gratuity to the extent of Rs. 40,000/- in terms or section 4 Sub-section 6(a) of the payment of Gratuity Act, 1972.

As well as for quashing of the order passed by the Deputy General Manager (O&C, NW-1) (Appellate Authority) State Bank of India Disciplinary Proceeding Section, Administrative Office J.C. Road, Patna dated 12.10.2010, whereby and whereunder the Appellate Authority has set