Shree Chandrashekhar, J.

The appellant-State Bank of India is aggrieved of order passed in W.P.(S) No. 3255 of 2003 filed by the respondent-employee namely, Anil Kumar Mishra, whereby the penalty of removal from service has been held bad, illegal and unsustainable on account of consultation with the Central Vigilance Officer.

2. The factual matrix of the case speaks that the respondent no.1writ petitioner (hereinafter referred to as respondent) served at Patan Branch of the appellant-Bank from 16.06.1998 to 10.11.1998 and during this period he committed several acts of misconduct for which a chargememo dated 17.06.2000 containing the following charges was served upon him:-

(i) The delinquent employee collected Rs.78,411/- from 14 borrowers for credit to their loan accounts under IRDP and misappropriated the entire amount.

(ii) He sanctioned IRDP loans to wives of 14 borrowers and got their discharge on the Banker's Cheque for payment of loan however, he kept the amount of Rs.2,45,000/- with himself on the pretext of adjusting the loan accounts of their husbands.

(iii) He