1. By way of the present writ petition, the petitioner has challenged the order dated 22.11.2005 dismissing the petitioner from service. By subsequent amendment, the petitioner has also prayed for quashing and setting aside the order dated 29.09.2004.

2. The brief facts of the case are that : the petitioner was working as Cashier-cum-Clerk, Kosamba Branch, Surat, at the relevant point of time. On 22.09.2001 one Mrs. Sharifa Mohmmed Bholat wrote a letter to the Regional Manager, Bank of Baroda, Surat, wherein she has stated that she is having a joint Savings A/c. No. 017447 since 1995 with Kosamba Branch of Bank of Baroda. She has further stated that on 23.08.2001 an amount of Rs.45,000/- was misappropriated vide Cheque No. 752186. She came to know about the said fact on 19.09.2001, when she had gone to withdraw money from her account and, therefore, an oral complaint was made before the Branch Manager and since nothing was done, she filed a written complaint. Pursuant to the said complaint, on 13.12.2001, the Senior Branch Manager wrote a letter to the Regional Manager along with the signatures of four staff members wherein it was mentioned that the petitioner has made confession in presence of them.

3. On 09.01.2002 a show cause notice was issued to the petitioner wherein it was mentioned that the petitioner had misappropriated amount of Rs.45,000/- by forging the signature of the account holder, through one Mr. Salim Patel. Petitioner wrote a letter dated 17.01.2002 and requested to grant him time to file his reply to the show cause notice dated 09.01.2002. On 30.01.2002 the petitioner gave a reply to the said show cause notice and thereby denied the allegation made in the show cause notice as well as the facts regarding confessional statement referred to in the said show cause notice was also denied.

4. On 12.02.2002 the Branch Manager, Kosamba Branch of Bank of Baroda, Surat, lodged a complaint against the petitioner for the offences punishable under Sections 405, 406, 420, 468, 471 of the Indian Penal Code, 1860 before the Kosamba Police Station being C.R. No. I-20 of 2002. In connection with the aforesaid F.I.R., the petitioner was arrested and by order dated 07.03.2002 passed in Criminal Misc. Application No.1561 of 2002, he was released on regular bail by this Court.

5. On 15.03.2002, the order of suspension was passed against the petitioner by the Assistant General Manager and Competent Authority. On 03.04.2003, the charge-sheet was issued to the petitioner wherein it was stated that while working as Cashier-cum-Clerk, Kosamba Branch, Surat, on 18.07.2001 Mrs. Sharifa Mohmmed Bholat, a customer of the bank having a joint Savings A/c. No. 017447, requested the petitioner to till up the cheque for withdrawing Rs.7,000/- from her account. After getting the cheque filled up from the petitioner, she went to the Computer Operator to collect a token, leaving the check book on the counter and at that time the petitioner pilfered Cheque No.752186 from the cheque book. Thereafter, the petitioner presented the said cheque, putting the date as 21.08.2001, after filling up the particulars, forging a signature of the account holder on 23.08.2001, through one Mr. Salim Patel, misappropriated Rs.45,000/- from the account of Mrs. Sharifa Mohmmed Bholat. It was stated in the charge-sheet that the petitioner has accepted the said act in presence of the staff members of the branch as well as before the police. It was stated that the act of the petitioner would amount to gross misconduct under Clause 19.5(5) of the bipartite settlement and, therefore, the charge of criminal act of forgery, stilling and misappropriating funds, committing act which shows lack of integrity and honesty, doing an act and made such omission prejudicial and detrimental to the interest of the bank and act of commission omission of unbecoming of the bank employee were leveled in the aforesaid charge-sheet. Mr. A.D. Pinagwala, Senior Branch Manager, Pandessar