JUDGMENT :

Suman Shyam, J.

This intra court appeal preferred by the Bank is directed against the judgment and order dated 13.07.2017 passed by the learned Single Judge in W(C) No.1319/2009 filed by the respondent/writ petitioner assailing the order of penalty of dismissal from service dated 19.11.2007 imposed upon him. By the impugned judgment and order dated 13.07.2017 the learned Single Judge had remanded the matter back to the disciplinary authority for the purpose of taking a fresh decision on the punishment to be imposed upon the respondent/writ petitioner which ought to be proportionate to his misconduct.

2. The facts and circumstances of the case, leading to the filing of this appeal, briefly stated, are that while working as the Branch Manager of Bokulia Branch of the appellant Bank, a disciplinary enquiry was initiated against the respondent/writ petitioner on the basis of memorandum of charge dated 02.03.2007, levelling certain allegations against him. The four charges brought against the writ petitioner on the basis of charge-sheet dated 07.05.2007 are as follows :

“Charge No.1 :- Shri Sarma, as Branch Manager violated/disobeyed the instructions of his higher authority in ha