JUDGMENT

Dipak Misra, J.

Ram Niwas Bansal, the predecessor-in-interest of the respondents 1 to 4, the legal heirs who have been brought on record after his death during the pendency of this appeal, while posted as Accountant at the Narnaul Branch of the appellant-Bank in the Officer Cadre, was served with a charge-sheet dated 20.10.1980 for certain financial irregularities. Two supplementary charge-sheets dated 15.1.1981 and 8.1.1982 were also issued to the said officer. After explanation was offered by late Ram Niwas Bansal, the disciplinary authority appointed an Enquiry Officer who, after conducting the enquiry, submitted his report to the General Manager (Operations) of the Bank holding that certain charges had been proved, some charges had been partly proved and some charges had not been proved. The disciplinary authority concurred with the findings recorded by the Enquiry Officer and recommended for removal of the delinquent officer from the Bank’s service to the appointing authority in accord with the terms of Regulation 68(1)(ii) of the State Bank of Patiala (Officers’) Service Regulations, 1979 (for short “the 1979 Regulations”) and the appointing authority, i.e., Managing Director, agreeing with the findings recorded by the Enquiry Officer and the recommendations of the disciplinary authority, imposed the penalty of removal vide order dated 23.4.1985. The order imposing punishment of removal from service along with a copy of the enquiry report was sent to late Bansal who preferred an appeal under Regulation 70 of the 1979 Regulations before the Executive Committee which, vide order dated 18.7.1986, rejected the appeal.

2. Being grieved by the aforesaid orders, he preferred CWP No. 4929 of 1986 before the High Court for issuance of a writ of certiorari for quashment of all the orders and for issue of appropriate direction to reinstate him in service with full service benefits. On 1.10.1993 the learned single Judge referred the matter to the larger Bench and ultimately the matter was placed before the Full Bench.

3. The Full Bench, vide order dated 22.5.1998, ruled that non-supply of comments of the General Manager had caused serious prejudice to the delinquent officer and there was denial of fair and reasonable opportunity and on that basis set aside the order of punishment. However, it directed the disciplinary authority to grant an opportunity to the petitioner therein to reply to the enquiry report and pass appropriate orders after granting personal hearing to the petitioner therein in accordance with law.

4. Dissatisfied with the aforesaid judgment and order, the appellant-Bank preferred Special Leave Petition (C) No. 2442 of 1998 and after grant of leave the same was registered as Civil Appeal No. 773 of 1998. On 12.4.1999 this Court directed stay of reinstatement of the respondent therein with the direction that the Bank would comply with the provisions of Section 17-B of the Industrial Disputes Act, 1947 (for brevity, “the Act”’). It was further observed that the Bank and its functionaries would be at liberty to proceed with the enquiry in terms of the permission granted by the High Court and any decision taken would be without prejudice to the outcome of the appeal. It may be noted that this order was passed when a prayer for stay of the contempt proceeding that was initiated by said Bansal before the High Court was made before this Court. Be it stated, this Court directed stay of further proceedings of the contempt petition.

5. On 20.8.1999 the Bank filed Interlocutory Application No. 4 of 1999 for modification of the order dated 12.4.1999 on the ground that Section 17-B of the Act was not applicable. On 7.9.1999 the employee filed another Contempt Petition No. 396 of 1999 for non-implementation of the order passed by this Court. On 6.12.1999 this Court, leaving the question of law open, dismissed the civil appeal as well as the contempt petition.

6. As the factual score would further unfold, on 10.7.2000 the Bank i