CAV JUDGMENT

This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the Articles of Charges, dated 29.10.2022 vide Annexure-F.

2. This Court, by order dated 13.02.2023, passed the following order:

“ The learned counsel for the petitioner submits that the petitioner has retired from service with the respondents - Bank in the year 2015 and he is presently issued with a charge memo only because he was treated as hostile witness in the pending proceedings before the CBI Court. It is a settled that act of turning hostile ipso facto would not amount to misconduct. The charge memo is issued without considering this aspect.

On perusal of the records, including the petitioner’s testimony before the CBI Court, further proceedings pursuant to the impugned charge memo is stayed until the next date of hearing.

There shall be emergent notice to the respondents.”

3. Upon service of notice, the respondent - Bank filed an interlocutory application, seeking vacation of the interim order granted by this Court on 13.02.2023, and also filed statement of objections. In its objections, the respondent - Bank raised a preliminary objection regarding the maintainability of