Hrishikesh Roy, J.

Heard Mr. N.C. Das, the learned senior counsel appearing for the appellants. The respondent/writ petitioner is represented by the learned counsel Mr. S.B. Prasad.

2. The respondent/writ petitioner was an LDA in the Inspectorate Office of the Board of Trustees of the ATPPF & PF Scheme (hereinafter referred to as ‘the employer’) and the disciplinary proceeding was drawn up against her with the charge memo dated 8.11.2004, where the following allegations were leveled against the delinquent :-

“You are found to have committed the following offences unbecoming of an employee of the Board and comprising impudent, incontinent acts of indiscipline and grave misconduct rendering you unsuitable to be retained in the services to serve public interest. The penalty aimed at is dismissal from services.

1. You are found to have still continuing immoral and illicit relationship with an officer of the Board namely Shri K.R. Nag, Addl. PF Commissioner (under suspension) although you were given disciplinary awards on past two occasions for such proven misconduct with strict caution for amending your character and conduct. You were retained in services on both the said occasi