IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4447 of 2011 Shamsher Singh Vs. General Manager, State Bank of Patiala, Head Office Patiala & others Present: Mr.Kuldeep Khandelwal, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner has been found guilty of the allegations primarily on the basis of his admission/confession made during the course of enquiry and even prior to the enquiry before the Branch Manager. The counsel submits that this statement was obtained by force and coercion. Except for so stating on an affidavit, there is no material available on record to indicate or to prove this fact. In order to succeed, the petitioner is required to prove this fact by leading cogent evidence showing that the statement was not voluntarily made by the petitioner. Since the writ court would not be in a competent position to determine this disputed question of fact, it would be appropriate to relegate the petitioner to the remedy of filing a civil suit, where he can establish this fact by leading any evidence that may be available with him. The writ petition is accordingly dismissed with liberty to the petitioner to file a civil suit to challenge the same order. March 11, 2011 ( RANJIT SINGH ) ramesh JUDGE