JUDGMENT :

S. RAVINDRA BHAT, J.

1. The appellant (hereafter called “the bank”) is aggrieved by a judgment of the Calcutta High Court¹ [Dated 16.12.2008 in FMA No. 2696/2007]. By the impugned judgment, the division bench set aside the decision of a learned single judge of the High Court; the single judge had dismissed the challenge by the respondent (writ petitioner- hereafter called “the employee”) to his dismissal from the bank’s service.

2. The employee was initially appointed as a cashier-cum-clerk by the bank, on 18.01.1971. Later, he was promoted to Junior Management Officer Grade Scale-1. He served as branch manager of the bank’s Chandabila branch from 14.12.1988 to 30.05.1990. Disciplinary proceedings were initiated against him when a charge sheet on 23.10.1997 alleging his complicity in five major charges (stated in paragraph 15 below) was issued by the bank. The charge sheet was issued seven years after he was transferred from the Chandabila branch. During this time several audits were conducted in terms of the norms stipulated by the Reserve Bank of India.

3. The allegations against the employee pertained to the period when he was posted as Manager in the said Chandabila bran