Amitava Roy, J.

1. The petitioner assails the penalty of his dismissal from service and the decision of the appellate authority confirming the same and seeks an appropriate writ and/or direction to the respondent authorities to release all consequential service benefits to him. The petitioner, who was scheduled to retire with effect from March 31, 1998, following the disciplinary proceeding under challenge stands dismissed with effect from that date.

2. I have heard Mr. K. N. Choudhury, senior advocate assisted by Mr. S. Shyam, advocate for the petitioner and Mr. A.K. Phukan, senior advocate assisted by Mr. S.S. Sharma, senior advocate and Mr. R.K. Bhatra, advocate for the respondent Bank.

3. To better comprehend the rival contentions, the pleaded facts have to be taken note of. The petitioner who had joined the service of the State Bank of India (hereinafter referred to as the 'Bank') in the early sixties was posted as General Manager (Operations), North Eastern Circle of the Bank with its local Head Office at Guwahati in December, 1995. Following the third organizational re-structuring of the Bank, the post of General Manager (Operations) was abolished and was re-designated