B.P.JEEVAN REDDY, M.K.MUKHERJEE
Disciplinary Authority Cum Regional Manager – Appellant
Versus
Nikunja Bihari Patnaik – Respondent
JUDGMENT
B.P. Jeevan Reddy, J.-Leave granted.
2. The respondent was an officer in Scale-I in the service of the Central Bank of India. While he was working as the Branch Manager, Paradeep Branch, he was suspended pending enquiry on November 21, 1988. On January 16, 1989, ten charges were communicated to him. He denied all of them. An Enquiry Officer was appointed who reported, after holding a due enquiry, that Charges Nos. 1, 6, 8, and 9 were established fully while Charges Nos. 2, 3, 5, 7 and 10 were established partially. Charge No. 4 was held not established. On the basis of the said report, the appropriate authority dismissed the respondent from service. The appeal preferred by the respondent was dismissed whereupon he approached the Orissa High Court by way of a writ petition. The High Court has allowed the writ petition holding that the charges held established against the respondent represent errors of judgment but not "misconduct". The High Court opined that though the respondent was guilty of doing many acts beyond his authority, it was not established that it was done with any ulterior motive or for any extraneous consideration. Since the Enquiry Officer has not found that
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