Judgment

VENKATACHALA, J.- Leave is granted. Learned counsel on both sides are heard.

2. Order of Orissa High Court setting aside the order made by the appellant-Bank of India discharging the respondent from its employment has been impugned in this appeal.

3. In the year 1981, the appellant-Bank ordered a departmental enquiry against the respondent, who was a Clerk-cum-Cashier in its Suliapada Branch in accordance with clause 19.5(j) of the First Bipartite Settlement dated October 19, 1966. The respondent was called upon by the Enquiry Officer to answer the charges of misconduct levelled against him. The respondent, instead of filing a written explanation answering the charges, denied them orally. He did not cross-examine the witnesses of the Bank as and when each of them was examined-in-chief. He wanted the Enquiry Officer to complete the examination-in-chief of all the Banks witnesses and make them available for cross-examination at once. Since the Enquiry Officer wanted the respondent or his representative to cross-examine the witnesses of the Bank as and when each of them was examined-in-chief, both of them boycotted the inquiry. The copies of the evidence of Banks witnesses recor