(1.) The instant lis presents two questions for consideration by this Court. They are-
(2.) This appeal, by way of special leave, is directed against the final judgement and order dated 7 th January 2009 passed in Writ Appeal No.03/2006 by which the order passed in Writ Petition (Civil) No.12 of 2005 dtd. 25/7/2005 allowing the appeal of the Respondent herein against the order of dismissal from bank services dtd. 28/3/2003 and the rejection of the departmental appeal vide order 16/8/2004, was allowed and the order of the Learned Single Judge confirmed.
(3.) The facts of the instant dispute as they emanate from the record are:-