JUDGMENT :

1. Heard Shri Akhilesh Kalra, learned Senior Advocate assisted by Shri Avinash Chandra as well Shri Ved Prakash Singh, learned counsel for the petitioners through video conferencing mode and Shri Gaurav Srivastava, learned counsel representing the respondent No. 4.

2. The respondent No. 4 (herein-after referred to as the “employee”) was appointed on the post of Shroff/Godown Keeper on 09.08.1978 in the petitioner-Bank. He was dismissed from service in the year 1995 and remained out of service till 2000, whereafter certain proceedings were held before the Central Government Industrial Tribunal, Lucknow, which set aside the termination order imposing a condition that the period during which the employee remained suspended would be treated as “no work no pay” period. The said order was confirmed by this Court in Writ C No. 49519 of 2004. On 03.02.2009, the employee was placed under suspension in contemplation of the disciplinary enquiry on the charge of embezzlement and misappropriation of funds. A charge sheet was issued to the employee on 08.05.2009 containing charges of misappropriation of amount.

3. The employee challenged the charge sheet by filing writ petition and, ther