SAURABH LAVANIA, J.

1. Heard Sri A.R. Khan, learned counsel for the appellant and Sri Akhilesh Kalra, learned counsel for the respondents.

2. This is an appeal under Chapter VIII Rule 5 of the Rules of Court, 1952, against the judgment and order dated 02.03.2005 passed in Writ Petition No. 6894 (S/S) of 2001 (Anil Batra Vs. District Cooperative Bank Ltd.).

3. Vide judgment under appeal dated 02.03.2005, the learned Single Judge quashed the order of punishment dated 01.08.2001, whereby the Respondent No. 2 was dismissed from the service by the Appellants.

4. The learned Single Judge interfered in the punishment order dated 01.08.2001 broadly on the ground that due opportunity of hearing to the Respondent No. 2 was not provided during the disciplinary proceedings. The disciplinary enquiry was conducted in gross violation of principles of natural justice. The witnesses cited in the charge sheet were not examined nor opportunity to cross examine was provided to the Respondent No. 2. The findings of facts are not based upon the material or evidence on record.

5. Assailing the judgment under appeal, the counsel for the Appellants Sri A. R. Khan submitted that in enquiry proceedings,