(1.) The appellant-bank by special leave has brought in challenge the order passed by the Lucknow Bench of the Allahabad High Court in Writ Petition No. 3841 of 1986 decided on 30th July 1993. The respondent No. 1 was the writ petitioner before the High Court. The short question involved in this appeal is as to whether the Assistant General Manager of the Patna Division of the appellant-bank was entitled to pass the penalty order against respondent No. 1.
(2.) In order to appreciate the nature of the controversy between the parties it is necessary to note a few background facts. Background facts
(3.) Respondent No. 1 was serving in the appellant-bank in the Junior Management Scale I while posted in the regional office of the appellant-bank at Lucknow. He was served with a charge-sheet dated 24th August 1983 containing charges of misconduct as Manager of the Palia Kalan Branch of the Allahabad Bank, District Lakhimpur Kheri during the period from April 1979 to December 1980.