Roop Singh Negi vs Punjab National Bank & Ors

2. Appellant was working as a peon in the respondent - Bank.

On or about 24.11.1993, a complaint was lodged by the Manager of the Bank alleging that some drafts which were presented for encashment by M/s Anil Trader and some other persons and purported to have been issued from the Mall Road Branch of the Bank had in fact not been issued therefrom.

A First Information Report (for short, "FIR") under Section 380/120B of the Indian Penal Code was registered. The investigation of the said case was assigned to one Shri Janardhan Singh, Senior Inspector. He submitted a report on 11.12.1993, inter alia, opining that the integrity of the appellant who had been transferred to Rampur, Shimla was doubtful. It was concluded:

3. After five years of the said incidence, a disciplinary proceeding was initiated against the appellant stating that during the period 18.11.1991 and 9.10.1993, he had taken away one blank draft issue book bearing No. 626401 to 626425. A show-cause notice was issued. Cause 3 was shown by him. He was found guilty by the Enquiry Officer. In the said proceeding, reliance was placed on the purported confession of the appellant before the police authorities in the year 1993. It was marked as Exhibit PE-3.

Assumption of certain factual foundation was drawn on the basis of the documents supplied by the police as would appear from the following findings of the Enquiry Officer.

Conclusion was drawn up on the basis of the above facts by the Enquiry Officer as under:

5. Before the disciplinary authority, the appellant contended that there was no evidence against him. The attention of the disciplinary authority was furthermore drawn to the fact that by an order dated 9.5.2000, the Criminal Court passed an order of his discharge. Only charges under Section 411 of the Indian Penal Code were framed against one Rajbir.

Neither the State nor the Bank preferred any revision petition thereagainst. The same attained finality. The Regional Manager acting as a disciplinary authority by an order dated 24.1.2001 without assigning any reason and without considering the contentions raised by the appellant including the fact that he had been discharged by the criminal court, directed the appellant to be dismissed from services, stating:

6. Appellant made a representation against the said order before the appellate authority. The appellate authority noticing his contentions in details. Inter alia, on the premise that appellant had been given an opportunity of personal hearing, the appeal was dismissed, opining:

8. Aggrieved by and dissatisfied with the said orders, the appellant filed a Writ Petition. The same by reason of the impugned judgment has been dismissed, stating:

We have considered the report of the Enquiry Officer and the penalty imposed by the Bank is based upon evidence as such it is not open to this Court to consider that some other view was also possible and since it was not a case of no evidence therefore there cannot be reappraisal of evidence or draw its own conclusion by this Court based upon evidence. The findings recorded by the Enquiry Officer and the punishment imposed by the respondent Bank or its officers call for no interference by this court and as such there is no merit in the petition which is dismissed accordingly."

The judgment and decree passed against the respondent therein had attained finality.

18. For the aforementioned reasons, the judgment of the High Court is set aside. The appeal is allowed with costs and appellant is directed to be reinstated with full back wages. Counsel's fee assessed at Rs.25,000/-.

December 19, 2008