J U D G M E N T

V. KAMESWAR RAO, J

1. The challenge in this writ petition by the State Bank of India, is to the recommendation/order/advice dated February 9, 2016 issued by the National Commission for Scheduled Castes, respondent No.1 directing the petitioner Bank to reconsider and re-examine the whole issue of penalty imposed upon the respondent No.2 by the Disciplinary Authority.

2. Some of the relevant facts as noted from the writ petition are, the respondent No.2 was posted at Faridabad Main Branch as Special Assistant on March 1, 2007. While he was working such, a surprise investigation was carried out in the Faridabad Main Branch by an investigating team. The investigating team submitted its report, wherein it inter-alia stated as under:-

“Later on one Shri Raj Kumar Shubh who was earlier posted at this branch and since transferred to CAC Faridabad at the 1st floor of the same building, entered the room a number of times trying apparently to help the staff to tally the cash……..so according to us at 3.30 pm there was a cash excess of Rs.1,30,207/- in the counter, where cash was being received by Smt. Nisha.”

3. On May 16, 2013, a notice was issued to the respondent No.2 calling upo