( 1 ) IN this petition the petitioner has challenged the order dated 29. 11. 2002 passed by the Disciplinary authority of the respondent Bank, whereby the disciplinary imposed a penalty of discharge of the petitioner from the services with superannuation benefits i. e. pension and/or provident fund and gratuity as would be due otherwise under the Rules and Regulations prevalent as on the date and without disqualification from future employment in terms of Clause 6 (d) of the memorandum of Settlement dated 10. 4. 2002. The petitioner has also challenged the order dated 4. 3. 2003 passed by the Appellate Authority whereby the authority has confirmed the order passed by the Disciplinary Authority.

( 2 ) THE petitioner was serving at INS Valsura Branch as Cashier-cum-Accounts Clerk. He was served with a memorandum dated 9th September 2002 informing him that it was decided to initiate disciplinary action against the petitioner for the acts of misconduct alleged to have been committed by him during the course of his duties. The inquiry was fixed on 23. 9. 2002. However, on that day the petitioner did not remain present. Therefore the inquiry was adjourned to 25. 9. 2002.