JUDGMENT :

Rohit Ranjan Agarwal, J.

1. Through this writ petition a challenge has been made to the award dated 22.08.2016, published on 05.09.2016, by the Central Government Industrial Tribunal (CGIT) cum Labour Court, Kanpur exercising power under Section 11A of Industrial Disputes Act, 1947 (hereinafter called as “Act of 1947”) modifying punishment of dismissal to that of compulsory retirement with superannuation benefits.

2. Facts, giving rise to the present petition, are that respondent No.2 late R.P.Singh was appointed as a Clerk on 11.01.1971 in Central Bank of India. He was promoted to the post of Special Assistant in the year 1992 with retrospective effect since 1987. While posted as Special Assistant at Extension Counter of main branch, Aligarh at Kshetriya Shri Gandhi Ashram (KSGA), Aligarh during the period October, 2003 to February, 2004, some misconduct was committed by him. He was put under suspension on 17.02.2004. A charge sheet was served on 16.03.2004 alleging ten charges against him, which are as under :

“CHARGE NO. 1

Current Account No 176 of M/s Rajesh & Co. was opened with the address, 101, President, Railway Road, Aligarh, which Sh. Singh has tempered with malafid