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Patna High Court

Avinash Kumar Soni (PF Code-A17821)versusPunjab and Sind Bank

Decided
Disposal
ALLOWED

Holding

The enquiry report was fatally defective for not recording the petitioner’s defence and for failing to consider evidence, violating bank regulations and natural‑justice principles, and therefore the disciplinary, appellate and review orders were set aside.

Summary

Avinash Kumar Soni, a probationary officer of Punjab & Sind Bank, was suspended and later dismissed following a departmental enquiry that alleged 17 charges of misconduct. He contended that the enquiry was conducted during the COVID‑19 lockdown without proper video‑conferencing facilities, that the bank failed to produce the full charge‑sheet documents, and that his defence was not recorded in the enquiry report. The Court examined the bank’s Discipline & Appeal Regulations 1981, particularly Reg. 6(3) and 6(21)(i), and held that the enquiry report omitted a gist of the petitioner’s defence and did not examine any witnesses, violating both the regulations and the principles of natural justice as articulated by the Supreme Court. Relying on the precedents of Roop Singh Negi v. Punjab National Bank and State of Uttar Pradesh v. Saroj Kumar Sinha, the Court declared the enquiry report “absolutely bad in law.” Consequently, the disciplinary order of dismissal, the appellate order and the review order were set aside, and the writ petition was allowed, directing the bank to consider reinstatement and back‑wages in accordance with law.

Issues considered

  • Did the departmental enquiry comply with Regulation 6(3) and 6(21)(i) of the Punjab & Sind Bank Officer Employees (Discipline & Appeal) Regulations 1981?
  • Was the petitioner’s right to a fair hearing and natural justice violated by the failure to record a gist of his defence and to examine evidence?
  • Should the disciplinary, appellate and review orders based on the defective enquiry report be set aside?
  • Is the petitioner entitled to reinstatement with back wages and consequential benefits?

Subjects

  • departmental enquiry
  • natural justice
  • quasi‑judicial proceeding
  • bank regulations
  • dismissal
  • reinstatement
  • writ petition
  • certiorari
  • COVID‑19

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7289 of 2022
     ======================================================
     Avinash Kumar Soni (PF Code-A17821) son of Jay Kumar Soni, resident of
     Flat No. A/1, Brijbhumi Apartment, K. G. Road, Nawada, P.S.-Ara Town,
     District-Bhojpur at Ara.

                                                               ... ... Petitioner/s
                                       Versus
1.   Punjab and Sind Bank through its Chief General Manager having his office
     at 5th Floor, Bank House, 21, Rajendra Place, New Delhi-110008.
2.   The General Manager (HRD), Punjab and Sind Bank, 5th Floor, Bank
     House, 21, Rajendra Place, New Delhi-110008.
3.   The Deputy General Manager (HRD), Punjab and Sind Bank, 5th Floor,
     Bank House, 21, Rajendra Place, New Delhi-110008.
4.   The Zonal Manager, Punjab and Sind Bank, Zonal Office, Jalandhar, having
     its office at 1st Flor, PSB House, Model Town, Jalandhar, Punjab-144003.
5.   The Zonal Manager, Punjab and Sind Bank, Zonal Office, Kolkata having its
     office at Old Court House Street, Kolkata-700001.
6.   The Branch Manager, Punjab and Sind Bank, Branch Office, Ward No. 10,
     Old Police Line More, P.O.-Ara, District-Bhojpur (Bihar)-802301.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Prashant Sinha, Adv.
     For the Respondent/s   :      Mr.Bhola Shankar, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
      Date : 29-01-2026

                                I.A. No.01 of 2025

                  Learned counsel for the petitioner submits that he is

      not pressing the present I.A. as it becomes infructuous.

                  2. As such, the present I.A. No.01 of 2025 is hereby

      dismissed as not pressed.

                            Re:-C.W.J.C. No.7289 of 2022

                  3. Heard Learned Counsel for the petitioner and

      Learned Counsel for the State.
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                     4. Learned Counsel for the petitioner submits that the

         present writ petition has been filed with the following reliefs:-

                                      (i) For issuance of writ in the nature of
                         certiorari for quashing of the order contained in Ref.:
                         HO/HRD/DAC/2734/2022 dated 25-03-2022 passed by the
                         General Manager (HRD)- Cum-Reviewing Authority
                         whereby the review application preferred by the petitioner
                         has been rejected.
                                      (ii) For issuance of writ in the nature of
                         certiorari    for      quashing    of    order   contained    in
                         Ref.:HO/HRD/DAC/1673/2021 dated 27-09-2021 passed by
                         the Deputy General Manager (HRD- Cum-Appellate
                         Authority whereby the appeal preferred by the petitioner
                         has been rejected.
                                      (iii) For issuance of writ in the nature of
                         certiorari for quashing of order contained in Ref.: E/DAC/
                         CHACHOKI/            AVINASHSONI/1048       dated     08-03-2021
                         whereby the petitioner has been dismissed from service by
                         the orders of the Zonal Manager, Jalandhar-Cum-
                         Disciplinary Authority.
                                      (iv) For issuance of writ in the nature of
                         certiorari for quashing of the inquiry report dated 14-01-
                         2021 prepared by the Inquiring Authority without
                         considering the defence/ submissions of the petitioner.
                                      (v) For issuance of writ in the nature of
                         certiorari for quashing of the memo of charge as contained
                         in Ref.:E/RDA/ CHACHOKI dated 13-01-2020 issued by
                         the Zonal Manager, Jalandhar.
                                      (vi)     For    necessary   direction    upon   the
                         respondent authorities to reinstate the petitioner with full
                         back wages and all consequential benefits as the petitioner
                         has not remained in any gainful employment during the
                         period of his dismissal.
                                      (vii)    For    necessary    direction   upon   the
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                         respondent authorities to pay full salary and allowances to
                         him for the period he remained under suspension.
                     5. Counsel for the petitioner further submits that the

         petitioner had joined the Punjab and Sind Bank as Probationary

         Officer on 19.11.2012 in the Branch Office, R.C. Phagwara,

         Punjab. He further submits that during his service, he was

         transferred to Chachoki Branch in Phagwara on 12.05.2014 and

         subsequently, transferred to Laxmipur Branch, Katihar on

         11.09.2017. He further submits that on 31.08.2018, he was

         transferred to Ara Branch, Bihar and joined there. He further

         submits that vide order dated 30.08.2019, he was put under

         suspension by the order of the General Zonal Manager, Kolkata

         on the basis of an inspection report of the headquarter,

         Inspection Department. He further submits that Kolkata is the

         zonal headquarter for the Punjab & Sind Bank. He further

         submits that show-cause notice was issued to him for initiation

         of departmental proceeding on 21.10.2019. In response of the

         same, he has submitted his explanation dated 28.11.2019. He

         submits that memo of charge has been submitted on 13.01.2020

         with allegation of unauthorized/ fraudulent financial and non-

         financial transactions with a specific direction to submit his

         written statement within 10 days.

                     6. Counsel further submits that there were 17 charges
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         alleged in the charge memo. He further submits that the

         petitioner has submitted his written statement of defence on

         19.01.2020, then the Zonal Manager, Jalandhar vide its letter

         dated 28.05.2020 issued a memorandum intimating that the

         explanation was not satisfactory and with further intimation to

         hold a departmental enquiry against the petitioner. It has also

         been intimated about the appointment of Enquiry Authority and

         presenting Officer.

                     7. Counsel for the petitioner put emphasis that it is

         well known to all that in India, a Lock-down was imposed since

         22.03.2020 and the said departmental proceeding was initiated

         during this period, but the petitioner has requested to the

         enquiry authority for conduction / holding enquiry through

         video     conferencing/virtual           mode   vide   his   letter   dated

         02.07.2020. He further submits that after granting permission to

         hold enquiry through video conferencing/virtual mode, the

         petitioner had submitted a letter demanding all relevant

         documents by virtue of which allegation was to be proved

         against him. In this regard, he has made specific pleading in

         paragraph 15 of the writ petition vide his letter dated

         27.07.2020, which is Annexure-8 of the writ petition also.

                     8. Counsel further submits that the only few
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         documents were provided to the petitioner at the instance of the

         Presiding Officer. The petitioner further demanded more

         documents in connection with all the 17 charges levelled against

         him. He further submits that the documents were not provided

         to the petitioner. In this regard, the petitioner had made

         complaint before the Presiding Officer vide his letter dated

         02.12.2020 and upon his complaint about non-production of

         documents to him, the Presiding Officer intimated him vide E-

         mail that if petitioner wants those documents, he will have to

         visit the Branch of the Bank.

                     9. Counsel further submits that it was the era of Covid

         and Lock-down was going on in different phases, but on

         08.12.2020, the Presiding Officer has instructed him to submit

         his comment within a period of 7 days. He further submits that

         in response of the letter dated 08.12.2020, petitioner submitted

         his reply to the Presiding Officer wherein he denied the alleged

         charges and also pleaded specifically about non-supply of

         documents as requested by him. He further submits that the

         Enquiry Authority has submitted his report dated 14.01.2021 by

         which all 17 charges were proved against the petitioner without

         discussing defence of the petitioner, which he has taken in his

         reply.
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                     10. Counsel further submits that the Enquiry

         Authority thereafter submitted his report before the Disciplinary

         Authority and he agreed on the finding of the enquiry report as

         demanded a show-cause from him vide his letter dated

         20.01.2021. It has been submitted further that the petitioner has

         submitted his reply upon finding of the enquiry authority on

         27.01.2021. In result, the Disciplinary Authority has issued an

         order of dismissal on 08.03.2021. The petitioner thereafter

         preferred memorandum of appeal according to the service rule

         of Bank before the Appellate Authority (Deputy General

         Manager, HRD). The said appeal was rejected vide order dated

         27.09.2021, then the petitioner preferred review petition against

         the said order before the General Manager, HRD -cum-

         Reviewing Authority but his review petition was also rejected

         vide order dated 25.03.2022.

                     11. Counsel further submits that in the background of

         factual matrix of the case, he submits that departmental

         proceeding was conducted in complete violation of the rule laid

         down by the Bank, namely, the Punjab & Sind Bank Officer

         Employees’ (Discipline & Appeal) Regulations 1981. He further

         submits that specifically Regulation No.6(3) of the Bank has

         been completely violated as it is very much clear that the gist of
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         documents mentioned in the memo of charge has to be served

         upon the CSO (Charge- Sheeted Officer), but only few

         documents have been provided to the petitioner and in this

         regard, he had raised objection time to time before the Enquiry

         Authority as well as Disciplinary Authority.

                     12. Counsel further submits that in the said rule, the

         requirement of gist of witnesses and statement of witnesses are

         necessary, but it has not been taken place. He further submits

         that upon perusal of the enquiry report, it is apparent on the face

         of the record that none of the point of the CSO has either been

         placed in the enquiry report or has been discussed, save and

         except, one phrase has been added in the column as per the

         enquiry officer. He further submits that without considering the

         factual matrix of the reply of the CSO, the finding of the

         Enquiry Authority is absolutely bad in law. He further submits

         that Enquiry Authority has taken decision completely in

         violation of the regulation framed for conduction of

         departmental proceeding against the officials like petitioner. He

         further submits that the specific violation of Regulation 6(21)(i)

         of 1981 of the Bank has been made. He further submits that

         since the said regulation has been violated, then any further

         action i.e., issuance of show-cause, passing order by
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         departmental proceeding, passing order by the Appellate

         Authority or passing order by Reviewing Authority, shall not be

         sustainable in the eye of law.

                     13. Counsel further submits that in the present

         departmental proceeding, not only the relevant regulation of

         Bank has been violated but also the ratio laid down by the

         Hon’ble Supreme Court of India in conduction of departmental

         proceeding has been violated. In support of his argument, he has

         relied upon the judgements of Roop Singh Negi Vs. Punjab

         National Bank & Ors. reported in 2009 (2) SCC 570 and the

         State of Uttar Pradesh and Ors. Vs. Saroj Kumar Sinha

         reported in 2010 SCC 772.

                     14. Counsel further submits that in those judgments,

         Hon’ble Supreme Court of India has categorically held that

         departmental proceeding is a quasi judicial proceeding and

         enquiry officer is duty bound to arrive at the finding upon taking

         into consideration, the material brought on record by the parties,

         here in the present case, the CSO and the Bank.

                     15. Counsel further submits that from the enquiry

         report, it transpires that the document of the Bank has only been

         considered and document of the CSO has not been considered at

         all. Moreover, not a single witnesses has been examined. It is
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         due to this reason, he submits that either on the basis of the

         violation of law or violation of the judgment, this departmental

         proceeding is not sustainable in the eye of law and hence, the

         enquiry report, second show-cause, disciplinary order, appellate

         order and revisional order all may be set aside.

                     16. Learned counsel for the Bank, on the other hand,

         vehemently opposes the prayer of the petitioner and submits that

         there is a specific allegation against the petitioner for which 17

         charges were framed against him. He relied on annexure-3 of

         the writ petition, which is the explanation submitted by the

         petitioner. From the explanation, it transpires that the petitioner

         has accepted his guilt. He further submits that in the enquiry

         report, the Presenting Officer has categorical stated and

         considered the reply of the CSO. He further submits that it is

         due to this reason, enquiry officer has made special column for

         consideration of the CSO reply and categorically written in that

         column as per enclosure. He further submits that the

         Disciplinary Authority at the time of passing final order, have

         considered each and every point raised by the petitioner in his

         reply of the second show-cause. He submits that those points

         have also been considered by the Appellate Authority and

         Revisional Authority therefore, according to him, there is
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         absolutely no violation of either any regulation or ratio laid

         down by the Hon’ble Supreme Court of India. He further

         submits that in the departmental proceeding, there is very

         narrow scope for interference. The interference can be made

         only when there is violation of rule/regulation or the violation of

         natural justice or punishment is exorbitant. He further submits

         that there are no violation of any one and hence, the present writ

         petition is fit to be dismissed.

                     17. Upon hearing the parties for the purpose of

         deciding this case, it is necessary to quote the relevant

         paragraphs of the regulation which are quoted below:-

                     Regulation 6(3) of Punjab and Sind Bank Officer

         Employees’ (Discipline & Appeal) Regulations 1981 states as

         follows:-

                                     Procedure for imposing major penalties:
                                     6(3). Where it is proposed to hold an inquiry,
                         the Disciplinary Authority shall, frame definite and distinct
                         charges on the basis of the allegations against the officer
                         employee and the articles of charge, together with a
                         statement of allegations, list of documents relied on along
                         with copy of such documents and list of witnesses along
                         with copy of statement of witnesses, if any, on which they
                         are based, shall be communicated in writing to the officer
                         employee, who shall be required to submit, within such time
                         as may be specified by the Disciplinary Authority (not
                         exceeding 15 days), or within such extended time as may be
                         granted by the said Authority, a written statement of his
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                         defence. "Provided that wherever it is not possible to
                         furnish the copies of documents, disciplinary authority shall
                         allow the officer employee inspection of such documents
                         within a time specified in this behalf."
                     Further Rule 6(21) of the same states as follows:-

                                      6(21)(i). On the conclusion of the inquiry the
                         inquiring authority shall prepare a report which shall
                         contain the following:
                                      (a) a gist of the articles of charge and the
                         statement    of    the     imputations     of    misconduct    or
                         misbehaviour;
                                      (b) a gist of the defence of the officer employee
                         in respect of each articles of charge;
                                      (c) an assessment of the evidence in respect of
                         each articles of charge;
                                      (d) the findings on each article of charge and
                         the reasons therefor.
                     Similarly, this Court also feels it necessary to quote

         paragraph 14 of the judgment rendered in the case of Roop

         Singh Negi (supra) as under :-

                                      “Indisputably, a departmental proceeding is a
                         quasi-judicial proceeding. The enquiry officer performs a
                         quasi-judicial function. The charges levelled against the
                         delinquent officer must be found to have been proved. The
                         enquiry officer has a duty to arrive at a finding upon taking
                         into consideration the materials brought on record by the
                         parties.    The   purported     evidence        collected   during
                         investigation by the investigating officer against all the
                         accused by itself could not be treated to be evidence in the
                         disciplinary proceeding. No witness was examined to prove
                         the said documents. The management witnesses merely
                         tendered the documents and did not prove the contents
                         thereof. Reliance, inter alia, was placed by the enquiry
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                         officer on the FIR which could not have been treated as
                         evidence.”
                      Similarly the judgment of State of Uttar Pradesh Vs.

         Saroj Kumar Sinha (supra) whose paragraphs 27 to 30 states as

         follows:-

                                      27. A bare perusal of the aforesaid sub-rule
                         shows that when the respondent had failed to submit the
                         explanation to the charge-sheet it was incumbent upon the
                         inquiry officer to fix a date for his appearance in the
                         inquiry. It is only in a case when the government servant
                         despite notice of the date fixed failed to appear that the
                         inquiry officer can proceed with the inquiry ex parte. Even
                         in such circumstances it is incumbent on the inquiry officer
                         to record the statement of witnesses mentioned in the
                         charge-sheet. Since the government servant is absent, he
                         would clearly lose the benefit of cross-examination of the
                         witnesses. But nonetheless in order to establish the charges
                         the Department is required to produce the necessary
                         evidence before the inquiry officer. This is so as to avoid the
                         charge that the inquiry officer has acted as a prosecutor as
                         well as a judge.
                                      28. An inquiry officer acting in a quasi-judicial
                         authority is in the position of an independent adjudicator.
                         He is not supposed to be a representative of the
                         department/disciplinary       authority/Government.        His
                         function is to examine the evidence presented by the
                         Department, even in the absence of the delinquent official
                         to see as to whether the unrebutted evidence is sufficient to
                         hold that the charges are proved. In the present case the
                         aforesaid procedure has not been observed. Since no oral
                         evidence has been examined the documents have not been
                         proved, and could not have been taken into consideration to
                         conclude that the charges have been proved against the
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                         respondents.
                                     29. Apart from the above, by virtue of Article
                         311(2) of the Constitution of India the departmental enquiry
                         had to be conducted in accordance with the rules of natural
                         justice. It is a basic requirement of the rules of natural
                         justice that an employee be given a reasonable opportunity
                         of being heard in any proceedings which may culminate in
                         punishment being imposed on the employee.
                                     30. When a departmental enquiry is conducted
                         against the government servant it cannot be treated as a
                         casual exercise. The enquiry proceedings also cannot be
                         conducted with a closed mind. The inquiry officer has to be
                         wholly unbiased. The rules of natural justice are required to
                         be observed to ensure not only that justice is done but is
                         manifestly seen to be done. The object of rules of natural
                         justice is to ensure that a government servant is treated
                         fairly in proceedings which may culminate in imposition of
                         punishment including dismissal/removal from service.
                     18. Upon perusal of the enquiry report, which is

         annexure 14(A) begins from page 244 to 279 of the writ

         petition, it transpires to this Court that from page 246 that the

         enquiry report has been prepared in 5 columns. The 1st column

         indicates serial number, 2nd column is allegation, 3rd column is

         comment of the Presiding Officer, 4th column is comment of the

         CSO, 5th column is the Enquiring Authority observation. It

         further transpires to this Court that in the 4 th column, where

         CSO comment has to be acknowledged only term, “as per the

         enclosure”, it has been written at one place.

                     19. In the last page of the enquiry report, the CSO
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         comment is not the enclosure. This Court upon going through

         the Regulation 6(21)(i)(b) of the Bank, where it is indicated that

         the Enquiring Authority shall prepare a report which shall

         contain a gist of defence of the Officer employee in respect of

         each articles of charge.

                     20. This Court finds that the Enquiry Officer has

         committed a blunder and basically violated the above said

         regulation by not referring any gist of defence. He has written

         only one term “as per the enclosure” and upon perusal of the

         enclosure, the CSO comment is not attached. It is due to this

         reason, this Court is of the firm view that there is a gross

         violation of the said regulation in preparation of the enquiry

         report. It is made clear that any judicial or quasi judicial order

         must contain the reasoning and the judicial reasoning shall

         always contain the appreciation of the material of both the sides

         and only thereafter, the Enquiry Officer has to reach on his own

         conclusion. But here in the present enquiry report, no whisper as

         to what defence has been taken by the CSO discussed. It is due

         to this reason, this Court is of the firm view that the enquiry

         report dated 14.01.2021 annexed in 14(A) is absolutely bad in

         law and not sustainable.

                     21. In result, any action taken by the authorities based
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         on a defective enquiry report, shall also not sustainable in the

         eye of law.

                     22. This Court hereby put emphasis on the judgments

         passed by the Hon’ble Supreme Court of India, where it has

         been categorically held that the Departmental proceeding is

         quasi judicial proceeding and Enquiry Officer has to perform

         the quasi judicial function. It is the abundant duty of the

         Enquiry Officer that before reaching on any finding, he has to

         consider all the materials brought on record by the parties. But

         here, in the present case, by the Bank, there is complete failure

         of the same. Not a single witnesses has been examined in the

         present case which is apparent from the record. Hence, It is also

         due to this reason, this Court finds that enquiry report is

         absolutely defective, in result, the order dated 08-03-2021

         passed by the Zonal Manager, Jalandhar-Cum-Disciplinary

         Authority, the order dated 27-09-2021 passed by the Deputy

         General Manager (HRD- Cum-Appellate Authority and the

         order dated 25-03-2022 passed by the General Manager (HRD)-

         Cum-Reviewing Authority are hereby set aside and hence, the

         present writ petition is hereby allowed.

                     23. Since the departmental proceeding has been

         quashed, the employer is at liberty to conclude the proceedings
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                      begins from Enquiry Officer within 6 months of stipulated

                      period of time, after providing due opportunity of hearing to the

                      petitioner.

                                    24. It is made clear that Disciplinary Authority shall

                      also take a decision on the point of admissible back wages of the

                      petitioner in accordance with law.

                                    25. With the aforesaid directions and observations, the

                      present writ application stands allowed.




                                                                   (Dr. Anshuman, J)
Prakashmani/-
AFR/NAFR                NAFR
CAV DATE                NA
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