1. - This is second round of litigation. The petitioner - Lekhraj Shrichandani (now dead) through his Legal Heirs (hereafter referred to as 'the employee', for the convenience), was removed from service vide order dated 28.1.1986. The order of removal was challenged by maintaining SBCWP No. 439/1989. Aforesaid writ petition was allowed vide judgment dated 9.8.1999. The order of removal dated 28.1.1986 was set aside, however, disciplinary authority was given liberty to pass fresh order after providing opportunity of hearing to the employee. Prior to the date of judgment, the employee attained the age of superannuation on 31.7.1997. The respondent Bank, accordingly, filed a review petition followed by special appeal showing their difficulty to hold departmental proceedings against an employee already attained the age of superannuation. The appeal so preferred by the respondent Bank was decided vide order dated 17.1.2001 with liberty to proceed with the inquiry and pass appropriate order after affording opportunity of hearing to the employee concerned. The respondent Bank then passed another order of removal on 22.10.2001. The appeal against the said order of punishment was a