By the Court.—The present Writ Petition has been filed, inter alia, praying for quashing the order dated 11.5.2012 (Annexure 19 to the Writ Petition) passed by the respondent No. 3, i.e. the Disciplinary Authority.

2. It appears that the petitioner was posted as Senior Branch Manager M.M.G-3 at Bank of Baroda, Rampur Branch from where he was transferred to Agra. The petitioner was placed under suspension in contemplation of disciplinary enquiry. The Enquiry was conducted in respect of various charges against the petitioner and the Inquiry Officer submitted its Enquiry Report. The Disciplinary Authority, by the order dated 5.8.2004, imposed punishment of removal from service against the petitioner.

3. Thereupon, the petitioner filed an Appeal before the Appellate Authority The Appellate Authority, by the order dated 15.2.2005, dismissed the said Appeal filed by the petitioner.

4. The petitioner, thereupon, filed a Writ Petition being Civil Misc. Writ Petition No. 30055 of 2005 before this Court challenging the order dated 5.8.2004 passed by the Disciplinary Authority and the order dated 15.2.2005 passed by the Appellate Authority.

By the Judgment and Order dated 30.9.2010, this Court allowed the said Writ Petition, set-aside the order dated 5.8.2004 and the order dated 15.2.2005, and remitted the matter to the Disciplinary Authority for passing fresh punishment order in accordance with the observations made in the said Judgment and Order dated 30.9.2010.

Pursuant to the said Judgment and Order dated 30.9.2010, the Disciplinary Authority considered the matter and passed an order dated 30.12.2010 imposing penalty of compulsory retirement upon the petitioner. It was further observed in the said order dated 30.12.2010 that the order would relate back to the earlier order dated 5.8.2004 passed by the then Disciplinary Authority and would have force and effect from 5.8.2004.

The petitioner filed an Appeal before the Appellate Authority. The Appellate Authority passed an order dated 2.9.2011 dismissing the said Appeal filed by the petitioner.

5. The petitioner thereupon, filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 62743 of 2011.

By the Judgment and Order dated 2.3.2012, this Court partly allowed the said Writ Petition, and set-aside the said order dated 30.12.2010 passed by the Disciplinary Authority and the said Order dated 2.9.2011 passed by the Appellate Authority. This Court directed the Disciplinary Authority to pass fresh order in accordance with the observations made in the said Judgment and Order dated 2.3.2011 within the period indicated in the said Judgment and Order.

Pursuant to the said Judgment and Order dated 2.3.3012, the Disciplinary Authority by the order dated 11.5.2012 imposed penalty of compulsory retirement upon the petitioner. It was further observed that the period of suspension w.e.f. 19.6.2002 to 5.8.2004 would be treated as period not spent on duty. It was further observed that the order would relate back to the first order dated 5.8.2004 passed by the then Disciplinary Authority and would have force and effect from 5.8.2004 i.e., from the date of the first order.

The petitioner has filed the present Writ Petition seeking reliefs, as mentioned above.

6. We have heard Sri M.S. Rana, petitioner in person, and Sri Vipin Sinha, learned counsel for the respondent Nos. 2 and 3, and perused the record.

Sri Vipin Sinha, learned counsel for the respondent Nos. 2 and 3 has raised a preliminary objection that against the said order dated 11.5.2012 passed by the Disciplinary Authority, the petitioner has got an alternative remedy under Regulation 17 of the Bank of Baroda Officer Employees’ (Discipline and Appeal) Regulations, 1976, and, therefore, the Writ Petition filed by the petitioner is liable to be dismissed on the ground of availability of alternative remedy to the petitioner.

Sri M.S. Rana, petitioner in person, submits that there is no absolute bar to entertaining the Writ