JUDGMENT :

A.S. Supehia, J.

1. The present writ petition has been filed seeking quashing and setting aside the impugned order dated 16.09.2003 passed by the Appellate Authority and further seeking a direction to the respondent-Bank to reinstate the petitioner on his original post and award him back wages from 16.09.2003, till the date of reinstatement.

2. The petitioner was serving as a Joint Manager in the respondent-Bank at Odhav Branch, Ahmedabad. He was suspended on 27.10.1997, in view of criminal and/or departmental proceedings contemplated against him. A criminal complaint was registered against the petitioner along with four other delinquent officers of the same Branch by the respondent-Bank before the Bank Security and Fraud Cell, Criminal Bureau of Investigation, Bombay on 11.11.1997.

2.1. On 16.07.1998, a show-cause notice was issued to the petitioner making certain allegations against him, to which, he replied on 14.08.1998. Subsequently, a charge-sheet dated 18.03.2000 was served upon the petitioner calling upon to tender his defence, however, the petitioner did not give any formal reply or file his defence statement.

2.2. Thereafter, an Inquiry Officer was appointed and acc