UMESH Vs. VIJAYA BANK

JUDGEMENT

(1.) THESE appeals are filed by the Writ Petitioner as well his Employer - Vijaya Bank, challenging the order of the learned Single Judge dated 13th August 2008 passed in W.P. No.38283/2002.

(2.) HEARD the learned Counsel for the parties.

(3.) THE learned Single Judge after hearing the parties also confirmed the findings of the Enquiry Officer that the charges levelled against the appellant has proved. However, he was of the opinion that the penalty of removal of the appellant from the service was disproportionate to the gravity of misconduct and is in violative of Article 14 of the Constitution of India. Accordingly, he modified the order of penalty and altered the same into one for compulsory retirement and further held that the appellant is entitled for the benefits which may flow on account of the modification of the order of penalty.