R.K. Bag, J.

1. This appeal at the instance of the respondent no.1 of the writ petition arises out of order dated 25.03.2010 passed in W.P. No.15326 (W) of 1997, by which Learned Single Judge was pleased to set aside the punishment awarded to the writ petitioner and direct the respondent no.1 to impose punishment on the writ petitioner for minor misconduct.

2. The writ petitioner was a cash clerk of the United Bank of India (hereinafter referred to as the appellant bank). It is alleged that on 7th September, 1983 at 3:40 p.m. the writ petitioner left the Titagarh Branch of the appellant bank where he was working and entered Kanchrapara Branch of the said bank. It is further alleged that the writ petitioner entered the chamber of the agent of Kanchrapara Branch of the appellant bank and abused him with filthy language and threatened him with odily injury. The writ petitioner was charged for committing the following misconduct: i) riotous and/or disorderly or indecent behaviour on the premises of the bank, ii) doing an act prejudicial to the interest of the bank, iii) leaving the place of work and iv) interfered with the bank’s work without any purpose. The departmental e