JUDGMENT :

R. Subhash Reddy, J.

1. This civil appeal is filed by the appellant in Writ Appeal No.361 of 2008 on the file of Gauhati High Court, aggrieved by the order dated 03.04.2009. By the aforesaid order, the order dated 08.06.2007 passed by the learned Single Judge in Writ Petition No.219 of 2006 was confirmed. The learned Single Judge, while confirming the order of compulsory retirement in disciplinary proceedings initiated against the appellant, has held that withholding of service benefits as well as pensionary dues to the appellant is illegal and issued directions to pay the retiral benefits.

2. The appellant was the Manager of the first respondent-bank. On the basis of certain allegations levelled against him, disciplinary proceedings were initiated and charge memo dated 18.06.2004 was issued. The substance of the charges is extracted in the order passed by the learned Single Judge. In view of the reply filed by him on 15.07.2004, denying the charges, the respondent-bank having not satisfied with the explanation, has decided to order departmental enquiry against the appellant. The Enquiry Officer, after completing the enquiry by appreciating the oral and documentary evidence