1 D.B. Special Appeal (Writ) No. 1214/2009 Vijendra Singh vs. The Punjab National Bank & ors. with D.B. D.B. Special Appeal (Writ) No. 1019/2009 The Punjab National Bank & ors. vs. Vijendra Singh Date: 15.02.2010 HON'BLE MR. K.S. RATHORE, J. HON'BLE MR. MAHESH BHAGWATI, J. Mr. Vijendra Singh, appellant in person. Mr. O.P. Gandhi, for the respondent-Punjab National Bank. Heard learned counsel for the appellant in person and learned counsel for the respondent appearing on behalf of the Panjab National Bank. Two appeals have been preferred against the impugned order dated 25.08.2009 passed by the learned Single Judge in the writ petition No. 6819/2003, one by the present appellant Vijendra Singh and another on behalf of the Panjab National Bank. Having heard the rival submissions of the respective parties and on careful perusal of the impugned order dated 25.08.2009 passed by the learned Single Judge, it is noticed that the learned Single Judge thoroughly considered each and every aspect and after considering the submissions made on behalf of the respective parties, allowed the writ petition of the appellant Vijendra Singh to the extent that 2 finding of Enquiry Officer dated 21.07.2002, Disciplinary Authority dated 11.12.2002 as well as the Appellate Authority dated 27.09.2003 on Charge No. 5 are quashed and set aside and the matter is remanded back to the Disciplinary Authority for passing appropriate order of punishment less than dismissal or removal from service. The said judgment is challenged by the Bank on the ground that quashing of the Charge No.5 is contrary to the record and facts and charges levelled against the appellant, whereas, the appellant Vijendra Singh has challenged this impugned order on the ground that since writ petition has been allowed and the Charge No.5 has been quashed and set aside, the matter should not be remanded back to the Disciplinary Authority to pass appropriate order, in fact it should be allowed with consequential benefits. Having considered the submissions, in our considered view, we find no illegality in the impugned order passed by the learned Single Judge in the writ petition which has been allowed as stated above and the matter has been remanded back with the specific direction to pass appropriate order of punishment less than dismissal or removal from service. We find no substance in the appeal preferred by the appellant Vijendra Singh as well as appeal filed 3 on behalf of the Punjab National Bank. Consequently, these appeals fail and stands dismissed. (MAHESH BHAGWATI),J. (K.S. RATHORE), J. Mak/- s-4-5