STATE BANK OF INDIA & ANR.versusK.S. VISHWANATH

                        [2022] 4 S.C.R. 143                             143


                STATE BANK OF INDIA & ANR.                              A
                                 v.
                       K.S. VISHWANATH
                  (Civil Appeal No. 3490 of 2022)
                           MAY 20, 2022                                 B
        [M. R. SHAH AND B. V. NAGARATHNA, JJ.]
      Service Law : Dismissal from service – Delinquent employee-
Bank Manager dismissed from service by the disciplinary authority
for misappropriating the sum of Rs. 10 lakhs by preparing fraudulent
                                                                        C
cash remittance document – Dismissal confirmed by the appellate
authority – In writ petition, the Single Judge of the High Court set
aside the dismissal order and directed the employer to give all the
consequential benefits to the employee except back wages as he
attained the age of superannuation – Upheld by the Division Bench
– On appeal, held: Management of employer has proved the                D
complete chain of events to conclude that employee was guilty of
the charge – Findings recorded by the Enquiry Officer, reasonably
support the conclusion that the Delinquent officer is guilty of the
charge – Modus operandi adopted by the employee shows criminal
mind and conduct – High Court erred in reappreciating the entire
                                                                        E
evidence on record and interfering with the findings of fact recorded
by the Enquiry officer and accepted by Disciplinary Authority, thus,
the order of the High Court is patently illegal – Furthermore, it
cannot be said that since the delinquent officer has been acquitted
in a criminal court, he cannot be held guilty in a disciplinary
proceeding – Standard of proof is different in criminal cases and       F
departmental proceedings and the same charges and evidences may
lead to different results in the two proceedings – Thus, order of
dismissal justified – Order passed by the High Court is quashed
and set aside.
      Allowing the appeal, the Court                                    G
      HELD: 1.1 In the departmental enquiry against the
delinquent officer by the disciplinary authority it was alleged that
he got prepared a set of fraudulent cash remittance document
and by producing the same at Peenya Industrial Estate Branch,
                                                                        H
                                143
144           SUPREME COURT REPORTS                     [2022] 4 S.C.R.


A     Bangalore made the officials believe them to be genuine and part
      with Rs.10 Lacs as cash remittance to SSI Peenya II Stage Branch
      and after receiving the same cash he failed to account for the
      same in the books of SSI Peenya II Stage Branch. To prove the
      said charge the management as such examined 9 witnesses and
      produced 41 documents. The said charge has been held to be
B
      proved by the Enquiry Officer on appreciation of the entire
      evidence on record including the deposition of the management
      witnesses examined as PW1 to PW7. On considering the enquiry
      report and the findings recorded by the Enquiry Officer it appears
      that the management has been able to establish and prove the
C     complicity of the delinquent officer and has been successful in
      proving that the delinquent officer prepared the fraudulent letter
      (by examining PW7) who at the letter requesting for remittance
      resembles the style/writing of the delinquent officer (PW1); it
      was the respondent–delinquent officer who had come with one
      more person whom he introduced as a new cashier and the
D
      delinquent officer submitted the voucher and that the remittance/
      cash was given to him inside the vault (by examining PW2 and
      PW3); the Branch Manager confirmed that the letter allegedly
      bearing his signature seeking remittance of Rs.10 lakhs was not
      signed by him (PW4); and that it was the respondent–delinquent
E     officer who went to the Branch with another person for cash
      remittance and that the cash remittance was paid to the
      respondent-delinquent officer. [Para 7][152-E-H; 153-A-C]
             1.2 It can be seen that the management has been able to
      prove the complete chain of events which led to the conclusion
F     that it was the delinquent officer who prepared the false letter;
      he went to the Branch for withdrawing the cash along with the
      fraudulent letter; that it was he who took the cash/remittance of
      Rs.10 lakhs and thereafter the said amount was not deposited
      with the SSI Peenya II Stage Branch. [Para 7.1][153-E]
G          1.3 From the impugned judgment and order passed by the
      High Court it appears that the High Court dealt with and
      considered the writ petition under Articles 226/227 of the
      Constitution challenging the decision of the Bank/Management


H
    STATE BANK OF INDIA & ANR. v. K.S. VISHWANATH                       145


dismissing the delinquent officer as if the High Court was              A
exercising the powers of the appellate authority. The High Court
committed a grave error in interfering with the order passed by
the disciplinary authority dismissing the respondent-delinquent
officer from service. The High Court erred in reappreciating the
entire evidence on record and thereafter interfering with the
                                                                        B
findings of fact recorded by the Enquiry Officer and accepted by
the disciplinary authority. By interfering with the findings
recorded by the Enquiry Officer which as such were on
appreciation of evidence on record, the order passed by the High
Court suffers from patent illegality. From the findings recorded
by the Enquiry Officer, it cannot be said that there was no evidence    C
at all which may reasonably support the conclusion that the
Delinquent officer is guilty of the charge. [Para 7.2, 8][153-F-G;
160-D-F]
       1.4 The submission on behalf of the respondent-delinquent
officer that as he has been acquitted in a criminal court and           D
therefore, he cannot be held guilty in a disciplinary proceeding is
concerned, cannot be accepted. From the judgment and order
passed by the criminal court it appears that he has been given
the benefit of doubt. The fact that the criminal court acquitted
the respondent by giving him the benefit of doubt, would not in
any way render a completed disciplinary proceeding invalid nor          E
affect the validity of the finding of guilt or consequential
punishment. The standard of proof required in criminal
proceedings being different from the standard of proof required
in departmental enquiries, the same charges and evidence may
lead to different results in the two proceedings, that is, finding of   F
guilt in departmental proceedings and an acquittal by giving benefit
of doubt in the criminal proceedings. [Para 9][160-F-H; 161-A]
      1.5 Even the modus operandi adopted by the delinquent
officer also deserves the consideration. As per the evidence on
record, he went along with the false and fabricated document along      G
with another person and he introduced that person as a new
cashier and he ensured that the voucher was not signed by him
but signed by the other person who was introduced by him as a


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146            SUPREME COURT REPORTS                          [2022] 4 S.C.R.


A     new cashier. Therefore, he saw to it that there is no evidence on
      record that he actually received the money. This shows the
      criminal mind/conduct on the part of the delinquent officer.
      Therefore, in the facts and circumstances of the case it cannot be
      said that the disciplinary authority/competent authority/
      management had committed any error in dismissing the
B
      respondent-delinquent officer from service. [Para 10][161-C-E]
            Nand Kishore Prasad v. State of Bihar & Others AIR
            1978 SC 1277 : [1978] 3 SCR 708 – relied on.
            Karnataka v. N. Ganga Raj (2020) 3 SCC 423; Rajinder
C           Kumar Kindra v. Delhi Administration (1984) 4 SCC
            635 : [1985] 1 SCR 866 – referred to.
                              Case Law Reference
      (2020) 3 SCC 423                 referred to               Para 3.3
D     [1978] 3 SCR 708                 relied on                 Para 4.1
      [1985] 1 SCR 866                 referred to               Para 4.2
            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3490
      of 2022.
E
            From the Judgment and Order dated 16.03.2021 of the High Court
      of Karnataka at Bangalore in Writ Appeal No. 4220 of 2011.
            Sanjay Kapur, Adv. for the Appellants.
           Anish Kumar Gupta, Mrs. Archana Preeti Gupta, Nisarg
F     Choudhary, Advs. for the Respondent.
            The Judgment of the Court was delivered by
            M. R. SHAH, J.
             1. Feeling aggrieved and dissatisfied with the impugned judgment
G     and order dated 16.03.2021 passed by the High Court of Karnataka at
      Bengaluru in Writ Appeal No.4220 of 2011 by which the High Court has
      dismissed the said Writ Appeal No.4220 of 2011 preferred by the appellant
      – employer – SBI and has confirmed the judgment and order passed by
      the learned Single Judge setting aside the order of dismissal passed by
H     the Disciplinary Authority and directing the Bank to pay to the delinquent
    STATE BANK OF INDIA & ANR. v. K.S. VISHWANATH                            147
                   [M. R. SHAH, J.]

officer consequential benefits without back wages, the appellant - SBI –     A
employer has preferred the present appeal.
      2. The facts leading to the present appeal in nutshell are as under:
       That the respondent herein - the delinquent officer was working
as a Deputy Manager (Cash) at SSI Peenya II Stage Branch of the SBI
Bank at Bangalore from 14.03.1996 onwards. That there was a                  B
requirement of Rs.10 lakhs which was required to be collected from
Peenya Industrial Estate Branch of the Bank. That on the basis of one
forged letter dated 06.08.1996, the delinquent officer withdrew Rs.10
lakhs fraudulently. The delinquent officer produced a false letter dated
06.08.1996 at Peenya Industrial Estate Branch and withdrew the aforesaid     C
amount of Rs.10 lakhs which remained unaccounted at the SSI Branch.
The letter dated 06.08.1996 was purported to have been signed by one
A.R. Balasubramanian, the AGM of the SSI Branch. He denied his
signature found on the letter dated 06.08.1996. Subsequently on tallying
the account it was found that Rs.10 lakhs was withdrawn from Peenya
Industrial Estate Branch which was to be deposited at SSI Branch had         D
not been accounted for and the said amount had not been deposited with
the SSI Branch. Thereafter the local Head Officer submitted a complaint
to the CBI on 10.11.1998, based on which the FIR was registered. The
aforesaid FIR was registered after the preliminary investigation was
held on 18.09.1998. It was found that the fraud has been committed by        E
the insider, who was well aware of the procedure for cash remittance as
well as with the signature of the Branch Manager of SSI Branch. The
respondent – delinquent officer was placed under suspension. Thereafter
a departmental enquiry was initiated against the delinquent officer and
he was charged with the charge-sheet as under:
                                                                             F
      “(i) On 6th August, 1996, you got prepared a set of fraudulent
      cash remittance documented and by producing the same at Peenya
      Industrial Estate Branch, Bangalore made the officials threat
      believe them to be genuine and part with Rs.10 Lacs as cash
      remittance to SSI Peenya II stage Branch and you failed to account
      for the same in the books of SSI Peenya II Stage Branch.               G

      (ii) You have made substantial investments in Kisan Vikas Patra
      and Special Term Deposits with SBI Staff Co-operative Credit
      Society, Bangalore during the period 23.09.1998 to 08.06.1988
      and you failed to make proper disclosures of the same in the Assets
      & Liabilities Statements submitted by you.                             H
148             SUPREME COURT REPORTS                           [2022] 4 S.C.R.


A           Your act stated at (i) above has resulted in the Bank incurring an
            undue loss of Rs.10 Lacs.”
            2.1 Before the Enquiry Officer, 41 documents and 9 witnesses
      were produced by the management to prove the charges. After
      considering the statements/depositions of management witnesses PW1
B     to PW7 the Enquiry Officer submitted his report holding charge no.1 as
      proved and charge no.2 as partly proved. The Appointing Authority
      agreed with the findings of the Enquiry Officer and imposed the penalty
      of dismissal from services which came to be confirmed by the Appellate
      Authority.
C            2.2 Thereafter the respondent – delinquent officer filed a writ
      petition before the learned Single Judge of the High Court. By the time
      the writ petition came to be disposed of, the respondent – delinquent
      officer attained the age of superannuation. By judgment and order dated
      22.03.2011 the learned Single Judge set aside the order of punishment
      and directed the Bank to give all the consequential benefits to the original
D     writ petitioners except back wages as in the meantime he attained the
      age of superannuation.
            2.3 Feeling aggrieved and dissatisfied with the judgment and order
      passed by the learned Single Judge setting aside the order of punishment
      imposed by the appointing authority, the Bank filed the present Writ Appeal
E     No.4220 of 2011 before the Division Bench of the High Court. The
      delinquent officer also filed Writ Appeal No.4599 of 2011 against the
      denial of back wages. Both the writ appeals came to be heard, decided
      and disposed of by a common impugned judgment and order. By the
      common impugned judgment and order the Division Bench of the High
F     Court has dismissed both the appeals, one preferred by the appellant –
      management and another preferred by the delinquent officer.
            2.4 Feeling aggrieved and dissatisfied with the impugned judgment
      and order passed by the Division Bench of the High Court in dismissing
      the Writ Appeal No.4220 of 2011 and confirming the judgment and order
G     passed by the learned Single Judge setting aside the punishment imposed
      by the appointing authority, the Bank – employer has preferred the
      present appeal.
            3. Shri Sanjay Kapoor, learned counsel appearing on behalf of the
      Bank has vehemently submitted that in the facts and circumstances of
      the case, both, the learned Single Judge as well as the Division Bench
H
    STATE BANK OF INDIA & ANR. v. K.S. VISHWANATH                               149
                   [M. R. SHAH, J.]

have materially erred in interfering with the findings recorded by the          A
Enquiry Officer which were on appreciation of evidence on record, both
documentary as well as oral.
      3.1 It is submitted that during the enquiry the Management
examined in all 9 witnesses and produced on record 41 documents to
prove the charges. That the management witnesses were primarily                 B
employees of the Bank who were also cross-examined during the course
of enquiry. It is submitted that in the present case PW2 and PW3, the
Cash Officer and the Accountant confirmed the practice adopted by the
Branch seeking remittance, as also the fact that the respondent on the
relevant date had come with one more person whom he introduced as
the Cashier of the Branch. By examining the aforesaid witnesses, the            C
management has established and proved that voucher and remittance/
cash was given to the respondent inside the vault.
       3.1.1 It is submitted that by examining the witness namely, the
Branch Manager - PW4, the management has proved that the Branch
Manager whose alleged signature was found on the alleged letter was in          D
fact not of his and that he confirmed that the letter allegedly bearing his
signature seeking remittance of Rs.10 lakhs was not signed by him at
all. He explained the normal practice during the course of his evidence.
      3.1.2 It is submitted that PW5 and PW6 confirmed that it was the
respondent – delinquent officer who had come to the Branch with another         E
person with cash remittance and he was a witness to the said incident.
       3.1.3 It is further submitted by Shri Kapoor, learned counsel
appearing for the Branch Manager that even the management has been
successful in establishing and proving that it was respondent – delinquent
officer who got prepared the fraudulent letter. Further, PW7 - proprietor       F
of the photo stating shop confirmed that it was the respondent who had
come for typing the fraudulent letter and she got typed the same in her
shop. It is submitted that she also identified the respondent in the enquiry.
       3.2 It is contended by learned counsel appearing on behalf of the
appellant – Bank that despite the aforesaid clinching evidence placed on        G
record the High Court has erred in holding that the bank has not been
able to prove the complicity of the respondent in the alleged offence. It
is urged that while setting aside the order of punishment the learned
Single Judge acted beyond the scope and ambit of the writ jurisdiction
and the power of the judicial review conferred on a constitutional court.
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150                SUPREME COURT REPORTS                          [2022] 4 S.C.R.


A            3.3 Relying upon the decision of this Court in the case of State of
      Karnataka vs. N. Ganga Raj reported in (2020) 3 SCC 423, it is
      submitted by Shri Kapoor, learned counsel appearing on behalf of the
      appellant – Bank that in the said decision this Court observed and held
      that the power of Judicial Review conferred on a constitutional court is
      not that of an appellate authority but is confined only to the decision-
B
      making process. It is submitted that as held, under Articles 226/227 of
      the Constitution of India, the High Court shall not reappreciate the
      evidence, interfering with the conclusions in the enquiry, go into the
      adequacy or reliability of the evidence or correct the error of fact however
      grave it may be.
C            3.4 It is contended that the High Court has committed a grave
      error in interfering with the findings recorded by the Enquiry Officer
      and setting aside the order of punishment imposed by the appointing
      authority.
            4. While opposing the present appeal learned counsel appearing
D     on behalf of the respondent – delinquent officer has made the following
      submissions:
            (i)      That the respondent herein had an unblemished record from
                     his joining as a clerk till the date of alleged incident in his
                     career of long 28 years and had even got two promotions;
E
            (ii)     That the entire amount of Rs.10 lakhs was allegedly paid to
                     one Shri M.N. Kiran and not to the respondent – delinquent
                     officer;
            (iii)    Initially the Local Head Officer of the Branch directed one
F                    Shri M.R. Srinath, AGM to investigate the matter. Shri
                     Srinath investigated the matter and found that there was no
                     involvement of any officer from the SSI Peenya II Branch
                     and completely absolved the delinquent officer. It is submitted
                     that it was observed that the style of the letter requesting
                     the remittance resembles the usual style adopted by the
G                    delinquent officer. That it is observed that that none of the
                     documents at the SSI Peenya Branch was tampered with
                     which is indicative of non-involvement of staff of the SSI
                     Peenya Branch;
            (iv)     That in the criminal proceedings investigated by the CBI,
H                    the delinquent officer has been acquitted by the competent
     STATE BANK OF INDIA & ANR. v. K.S. VISHWANATH                                   151
                    [M. R. SHAH, J.]

               criminal court. That the learned Single Judge specifically            A
               observed and held that the enquiry was vitiated due to the
               violation of principles of natural justice;
       (v)     The enquiry officer held the respondent guilty on mere
               surmises and conjectures.
       (vi)    The enquiry officer erred in relying on the deposition of             B
               PW7, who claimed to be the manager of the photocopying
               shop;
       (vii)   That the manager failed to prove that document/letter dated
               06.08.1996 was prepared by the respondent - delinquent
               officer.                                                              C

       (viii) Therefore, once the preparation of document was itself
              doubtful from the evidence of PW7 there is no question of
              forging the signatures on the said documents by the
              respondent;
                                                                                     D
       (ix)    That therefore, the entire allegation is made on falsehood
               which has not been proved by any evidence.
        4.1 Relying upon the decision of this Court in the case of Nand
Kishore Prasad vs. State of Bihar & Others, AIR 1978 SC 1277,
it is submitted that as held by this Court the domestic tribunals are quasi-
                                                                                     E
judicial in character. Therefore, the minimum requirement of the rules of
natural justice is that the Tribunal should arrive at its conclusion on the
basis of some evidence i.e. cogent material which with some degree of
definiteness points to the guilt of the delinquent in respect of charges
against him.
                                                                                     F
      4.2 Relying upon the decision of this Court in the case of Rajinder
Kumar Kindra vs. Delhi Administration, (1984) 4 SCC 635, it is
submitted that a quasi-judicial tribunal which records findings based on
no legal evidence, then the findings are either ipse-dixit or based on
conjectures and surmises. The enquiry suffers from the additional infirmity
of non-application of mind and stands vitiated.                                      G
        4.3 On judicial review, it is submitted that if there is procedural
violation and violation of principles of natural justice, the courts are justified
to set aside such administrative action and in many a case may possibly
direct a denovo enquiry. It is submitted that however, in the present case
the delinquent officer has attained the age of superannuation, he cannot             H
152                SUPREME COURT REPORTS                         [2022] 4 S.C.R.


A     be burdened with the fresh enquiry and the courts have to set aside the
      said administrative action itself. It is submitted that therefore as such the
      respondent was required to be reinstated with full back wages. That
      instead the High Court has denied the back wages to the respondent –
      delinquent officer. Therefore, the impugned judgment and orders passed
      by the High Court are not required to be interfered with by this Court in
B
      exercise of powers conferred under Article 136 of the Constitution of
      India.
            Making the above submissions, it is prayed to dismiss the present
      appeal.
C            5. In rejoinder learned counsel appearing on behalf of the appellant
      – Bank has pointed out that in view of the judgment and order passed by
      the learned Single Judge confirmed by the Division Bench, the respondent
      – delinquent officer would get Rs.25.61 lakhs towards terminal benefits
      and arrears of pension etc. and thereafter Rs.20,502/- per month towards
      pension, which would amount to granting premium to dishonesty.
D
             6. We have heard learned counsel for the parties at length.
             7. At the outset, it is required to be noted that in the departmental
      enquiry against the delinquent officer by the disciplinary authority it was
      alleged that he got prepared a set of fraudulent cash remittance document
E     and by producing the same at Peenya Industrial Estate Branch, Bangalore
      made the officials believe them to be genuine and part with Rs.10 Lacs
      as cash remittance to SSI Peenya II Stage Branch and after receiving
      the same cash he failed to account for the same in the books of SSI
      Peenya II Stage Branch. To prove the aforesaid charge the management
      as such examined 9 witnesses and produced 41 documents. The aforesaid
F     charge has been held to be proved by the Enquiry Officer on appreciation
      of the entire evidence on record including the deposition of the
      management witnesses examined as PW1 to PW7. On considering the
      enquiry report and the findings recorded by the Enquiry Officer it appears
      that the management has been able to establish and prove the complicity
G     of the delinquent officer and has been successful in proving that;
             (i)     The delinquent officer prepared the fraudulent letter dated
                     06.08.1996 (by examining PW7) who at the letter requesting
                     for remittance resembles the style/writing of the delinquent
                     officer (PW1);
H
    STATE BANK OF INDIA & ANR. v. K.S. VISHWANATH                               153
                   [M. R. SHAH, J.]

      (ii)   It was the respondent – delinquent officer who had come            A
             with one more person whom he introduced as a new cashier
             and the delinquent officer submitted the voucher and that
             the remittance/cash was given to him inside the vault (by
             examining PW2 and PW3);
      (iii) The Branch Manager confirmed that the letter allegedly              B
            bearing his signature seeking remittance of Rs.10 lakhs was
            not signed by him (PW4);
      (iv) And that it was the respondent – delinquent officer who
           went to the Branch with another person for cash remittance
           and that the cash remittance was paid to the respondent –            C
           delinquent officer.
       The aforesaid findings recorded by the Enquiry Officer were on
the appreciation of evidence on record, both documentary as well as
oral. Despite the above, the High Court has observed and held that the
management had failed to prove the complicity of the delinquent officer         D
in the alleged offence.
        7.1 From the aforesaid, it can be seen that the management has
been able to prove the complete chain of events which led to the
conclusion that it was the delinquent officer who prepared the false
letter dated 06.08.1996; he went to the Branch for withdrawing the cash         E
along with the fraudulent letter; that it was he who took the cash/
remittance of Rs.10 lakhs and thereafter the said amount was not
deposited with the SSI Peenya II Stage Branch.
     Then, what else was required to be established and proved by the
Management to prove the complicity of the delinquent officer?                   F
        7.2 From the impugned judgment and order passed by the High
Court it appears that the High Court has dealt with and considered the
writ petition under Articles 226/227 of the Constitution of India challenging
the decision of the Bank/Management dismissing the delinquent officer
as if the High Court was exercising the powers of the Appellate Authority.
                                                                                G
The High Court in exercise of powers under Articles 226/227 of the
Constitution of India has reappreciated the evidence on record which
otherwise is not permissible as held by this Court in a catena of decisions.
      7.3 Recently in the case of Nand Kishore Prasad (Supra) after
considering other decisions of this Court on judicial review and the power
                                                                                H
154             SUPREME COURT REPORTS                            [2022] 4 S.C.R.


A     of the High Court in a departmental enquiry and interference with the
      findings recorded in the departmental enquiry, it is observed and held
      that the High Court is not a court of appeal over the decision of the
      authorities holding a departmental enquiry against a public servant. It is
      further observed and held that the High Court is concerned to determine
      whether the enquiry is held by an authority competent in that behalf, and
B
      according to the procedure prescribed in that behalf, and whether the
      rules of natural justice are not violated. It is further observed that if
      there is some evidence, that the authority entrusted with the duty to hold
      the enquiry has accepted and which evidence may reasonably support
      the conclusion that the delinquent officer is guilty of the charge, it is not
C     the function of the High Court in a petition under Article 226 of the
      Constitution of India to review/reappreciate the evidence and to arrive
      at an independent finding on the evidence. In paragraphs 9 to 14, this
      Court had considered other decisions on the power of the High Court on
      judicial review on the decisions taken by the Disciplinary Authority as
      under:
D
                    “9. In State of A.P. v. S. Sree Rama Rao [State of
             A.P. v. S. Sree Rama Rao, AIR 1963 SC 1723], a three-Judge
             Bench of this Court has held that the High Court is not a court of
             appeal over the decision of the authorities holding a departmental
             enquiry against a public servant. It is concerned to determine
E            whether the enquiry is held by an authority competent in that behalf,
             and according to the procedure prescribed in that behalf, and
             whether the rules of natural justice are not violated. The Court
             held as under : (AIR pp. 1726-27, para 7)
                    “7. … The High Court is not constituted in a proceeding
F            under Article 226 of the Constitution a court of appeal over the
             decision of the authorities holding a departmental enquiry against
             a public servant : it is concerned to determine whether the enquiry
             is held by an authority competent in that behalf, and according to
             the procedure prescribed in that behalf, and whether the rules of
G            natural justice are not violated. Where there is some evidence,
             which the authority entrusted with the duty to hold the enquiry
             has accepted and which evidence may reasonably support the
             conclusion that the delinquent officer is guilty of the charge, it is
             not the function of the High Court in a petition for a writ under
             Article 226 to review the evidence and to arrive at an independent
H            finding on the evidence.”
STATE BANK OF INDIA & ANR. v. K.S. VISHWANATH                               155
               [M. R. SHAH, J.]

        10. In B.C. Chaturvedi v. Union of India [B.C.                      A
 Chaturvedi v. Union of India, (1995) 6 SCC 749 : 1996 SCC
 (L&S) 80] , again a three-Judge Bench of this Court has held that
 power of judicial review is not an appeal from a decision but a
 review of the manner in which the decision is made. Power of
 judicial review is meant to ensure that the individual receives fair
                                                                            B
 treatment and not to ensure that the conclusion which the authority
 reaches is necessarily correct in the eyes of the court. The court/
 tribunal in its power of judicial review does not act as an appellate
 authority to reappreciate the evidence and to arrive at its own
 independent findings on the evidence. It was held as under : (SCC
 pp. 759-60, paras 12-13)                                                   C
         “12. Judicial review is not an appeal from a decision but a
 review of the manner in which the decision is made. Power of
 judicial review is meant to ensure that the individual receives fair
 treatment and not to ensure that the conclusion which the authority
 reaches is necessarily correct in the eye of the court. When an            D
 inquiry is conducted on charges of misconduct by a public servant,
 the Court/Tribunal is concerned to determine whether the inquiry
 was held by a competent officer or whether rules of natural justice
 are complied with. Whether the findings or conclusions are based
 on some evidence, the authority entrusted with the power to hold
 inquiry has jurisdiction, power and authority to reach a finding of        E
 fact or conclusion. But that finding must be based on some
 evidence. Neither the technical rules of the Evidence Act nor of
 proof of fact or evidence as defined therein, apply to disciplinary
 proceeding. When the authority accepts that evidence and
 conclusion receives support therefrom, the disciplinary authority          F
 is entitled to hold that the delinquent officer is guilty of the charge.
 The Court/Tribunal in its power of judicial review does not act as
 appellate authority to reappreciate the evidence and to arrive at
 its own independent findings on the evidence. The Court/Tribunal
 may interfere where the authority held the proceedings against
 the delinquent officer in a manner inconsistent with the rules of          G
 natural justice or in violation of statutory rules prescribing the mode
 of inquiry or where the conclusion or finding reached by the
 disciplinary authority is based on no evidence. If the conclusion or
 finding be such as no reasonable person would have ever reached,
 the Court/Tribunal may interfere with the conclusion or the finding,       H
156      SUPREME COURT REPORTS                           [2022] 4 S.C.R.


A     and mould the relief so as to make it appropriate to the facts of
      each case.
             13. The disciplinary authority is the sole judge of facts.
      Where appeal is presented, the appellate authority has co-extensive
      power to reappreciate the evidence or the nature of punishment.
B     In a disciplinary inquiry, the strict proof of legal evidence and
      findings on that evidence are not relevant. Adequacy of evidence
      or reliability of evidence cannot be permitted to be canvassed
      before the Court/Tribunal. In Union of India v. H.C. Goel [Union
      of India v. H.C. Goel, (1964) 4 SCR 718 : AIR 1964 SC 364],
      this Court held at p. 728 that if the conclusion, upon consideration
C     of the evidence reached by the disciplinary authority, is perverse
      or suffers from patent error on the face of the record or based on
      no evidence at all, a writ of certiorari could be issued.”
             11. In High Court of Bombay v. Shashikant S.
      Patil [High Court of Bombay v. Shashikant S. Patil, (2000) 1
D     SCC 416 : 2000 SCC (L&S) 144] , this Court held that interference
      with the decision of departmental authorities is permitted if such
      authority had held proceedings in violation of the principles of
      natural justice or in violation of statutory regulations prescribing
      the mode of such enquiry while exercising jurisdiction under Article
E     226 of the Constitution. It was held as under : (SCC p. 423, para
      16)
             “16. The Division Bench [Shashikant S. Patil v. High
      Court of Bombay, 1998 SCC OnLine Bom 97 : (2000) 1 LLN
      160] of the High Court seems to have approached the case as
F     though it was an appeal against the order of the administrative/
      disciplinary authority of the High Court. Interference with the
      decision of departmental authorities can be permitted, while
      exercising jurisdiction under Article 226 of the Constitution if such
      authority had held proceedings in violation of the principles of
      natural justice or in violation of statutory regulations prescribing
G     the mode of such enquiry or if the decision of the authority is
      vitiated by considerations extraneous to the evidence and merits
      of the case, or if the conclusion made by the authority, on the very
      face of it, is wholly arbitrary or capricious that no reasonable
      person could have arrived at such a conclusion, or grounds very
H     similar to the above. But we cannot overlook that the departmental
STATE BANK OF INDIA & ANR. v. K.S. VISHWANATH                              157
               [M. R. SHAH, J.]

 authority (in this case the Disciplinary Committee of the High            A
 Court) is the sole judge of the facts, if the enquiry has been properly
 conducted. The settled legal position is that if there is some legal
 evidence on which the findings can be based, then adequacy or
 even reliability of that evidence is not a matter for canvassing
 before the High Court in a writ petition filed under Article 226 of
                                                                           B
 the Constitution.”
        12. In State Bank of Bikaner & Jaipur v. Nemi Chand
 Nalwaya [State Bank of Bikaner & Jaipur v. Nemi Chand
 Nalwaya, (2011) 4 SCC 584 : (2011) 1 SCC (L&S) 721] , this
 Court held that the courts will not act as an appellate court and
 reassess the evidence led in the domestic enquiry, nor interfere          C
 on the ground that another view is possible on the material on
 record. If the enquiry has been fairly and properly held and the
 findings are based on evidence, the question of adequacy of the
 evidence or the reliable nature of the evidence will not be ground
 for interfering with the findings in departmental enquiries. The          D
 Court held as under : (SCC pp. 587-88, paras 7 & 10)
        “7. It is now well settled that the courts will not act as an
 appellate court and reassess the evidence led in the domestic
 enquiry, nor interfere on the ground that another view is possible
 on the material on record. If the enquiry has been fairly and             E
 properly held and the findings are based on evidence, the question
 of adequacy of the evidence or the reliable nature of the evidence
 will not be grounds for interfering with the findings in departmental
 enquiries. Therefore, courts will not interfere with findings of fact
 recorded in departmental enquiries, except where such findings
 are based on no evidence or where they are clearly perverse.              F
 The test to find out perversity is to see whether a tribunal acting
 reasonably could have arrived at such conclusion or finding, on
 the material on record. The courts will however interfere with the
 findings in disciplinary matters, if principles of natural justice or
 statutory regulations have been violated or if the order is found to      G
 be arbitrary, capricious, mala fide or based on extraneous
 considerations. (Vide B.C. Chaturvedi v. Union of India [B.C.
 Chaturvedi v. Union of India, (1995) 6 SCC 749 : 1996 SCC
 (L&S) 80], Union of India v. G. Ganayutham [Union of
 India v. G. Ganayutham, (1997) 7 SCC 463 : 1997 SCC (L&S)
                                                                           H
158            SUPREME COURT REPORTS                              [2022] 4 S.C.R.


A           1806] and Bank of India v. Degala Suryanarayana [Bank of
            India v. Degala Suryanarayana, (1999) 5 SCC 762 : 1999 SCC
            (L&S) 1036] , High Court of Bombay v. Shashikant S.
            Patil [High Court of Bombay v. Shashikant S. Patil, (2000) 1
            SCC 416 : 2000 SCC (L&S) 144] .)
B                                         ***
                    10. The fact that the criminal court subsequently acquitted
            the respondent by giving him the benefit of doubt, will not in any
            way render a completed disciplinary proceeding invalid nor affect
            the validity of the finding of guilt or consequential punishment.
C           The standard of proof required in criminal proceedings being
            different from the standard of proof required in departmental
            enquiries, the same charges and evidence may lead to different
            results in the two proceedings, that is, finding of guilt in departmental
            proceedings and an acquittal by giving benefit of doubt in the
            criminal proceedings. This is more so when the departmental
D           proceedings are more proximate to the incident, in point of time,
            when compared to the criminal proceedings. The findings by the
            criminal court will have no effect on previously concluded domestic
            enquiry. An employee who allows the findings in the enquiry and
            the punishment by the disciplinary authority to attain finality by
E           non-challenge, cannot after several years, challenge the decision
            on the ground that subsequently, the criminal court has acquitted
            him.”
                   13. In another judgment reported as Union of India v. P.
            Gunasekaran [Union of India v. P. Gunasekaran, (2015) 2
F           SCC 610 : (2015) 1 SCC (L&S) 554] , this Court held that while
            reappreciating evidence the High Court cannot act as an appellate
            authority in the disciplinary proceedings. The Court held the
            parameters as to when the High Court shall not interfere in the
            disciplinary proceedings : (SCC p. 617, para 13)

G                 “13. Under Articles 226/227 of the Constitution of India,
            the High Court shall not:
            (i) reappreciate the evidence;
            (ii) interfere with the conclusions in the enquiry, in case the same
      has been conducted in accordance with law;
H
    STATE BANK OF INDIA & ANR. v. K.S. VISHWANATH                             159
                   [M. R. SHAH, J.]

      (iii) go into the adequacy of the evidence;                             A
      (iv) go into the reliability of the evidence;
      (v) interfere, if there be some legal evidence on which findings
can be based.
      (vi) correct the error of fact however grave it may appear to be;       B
      (vii) go into the proportionality of punishment unless it shocks its
conscience.”
             14. On the other hand the learned counsel for the respondent
      relies upon the judgment reported as Allahabad Bank v. Krishna
      Narayan Tewari [Allahabad Bank v. Krishna Narayan                       C
      Tewari, (2017) 2 SCC 308 : (2017) 1 SCC (L&S) 335], wherein
      this Court held that if the disciplinary authority records a finding
      that is not supported by any evidence whatsoever or a finding
      which is unreasonably arrived at, the writ court could interfere
      with the finding of the disciplinary proceedings. We do not find        D
      that even on touchstone of that test, the Tribunal or the High Court
      could interfere with the findings recorded by the disciplinary
      authority. It is not the case of no evidence or that the findings are
      perverse. The finding that the respondent is guilty of misconduct
      has been interfered with only on the ground that there are
      discrepancies in the evidence of the Department. The                    E
      discrepancies in the evidence will not make it a case of no evidence.
      The inquiry officer has appreciated the evidence and returned a
      finding that the respondent is guilty of misconduct.”
      That thereafter this Court has observed and held in paragraph 7,
8 and 15 as under:                                                            F
      “7. The disciplinary authority has taken into consideration the
      evidence led before the IO to return a finding that the charges
      levelled against the respondent stand proved.
      8. We find that the interference in the order of punishment by the
      Tribunal as affirmed by the High Court suffers from patent error.       G
      The power of judicial review is confined to the decision-making
      process. The power of judicial review conferred on the
      constitutional court or on the Tribunal is not that of an appellate
      authority.
                              xxx xxx xxx                                     H
160             SUPREME COURT REPORTS                            [2022] 4 S.C.R.


A            15. The disciplinary authority agreed with the findings of the
             enquiry officer and had passed an order of punishment. An appeal
             before the State Government was also dismissed. Once the
             evidence has been accepted by the departmental authority, in
             exercise of power of judicial review, the Tribunal or the High
             Court could not interfere with the findings of facts recorded by
B
             reappreciating evidence as if the courts are the appellate authority.
             We may notice that the said judgment has not noticed the larger
             Bench judgments in S. Sree Rama Rao [State of A.P. v. S. Sree
             Rama Rao, AIR 1963 SC 1723] and B.C. Chaturvedi [B.C.
             Chaturvedi v. Union of India, (1995) 6 SCC 749 : 1996 SCC
C            (L&S) 80] as mentioned above. Therefore, the orders passed by
             the Tribunal and the High Court suffer from patent illegality and
             thus cannot be sustained in law.”
             8. Applying the law laid down by this Court in the aforesaid
      decisions to the facts of the case on hand, we are of the opinion that the
D     High Court has committed a grave error in interfering with the order
      passed by the disciplinary authority dismissing the respondent – delinquent
      officer from service. The High Court has erred in reappreciating the
      entire evidence on record and thereafter interfering with the findings of
      fact recorded by the Enquiry Officer and accepted by the disciplinary
      authority. By interfering with the findings recorded by the Enquiry Officer
E     which as such were on appreciation of evidence on record, the order
      passed by the High Court suffers from patent illegality. From the findings
      recorded by the Enquiry Officer recorded hereinabove, it cannot be said
      that there was no evidence at all which may reasonably support the
      conclusion that the Delinquent officer is guilty of the charge.
F            9. Now so far as the submission on behalf of the respondent –
      delinquent officer that as he has been acquitted in a criminal court and
      therefore, he cannot be held guilty in a disciplinary proceeding is concerned,
      the aforesaid has no substance. From the judgment and order passed by
      the criminal court it appears that he has been given the benefit of doubt.
G     Even otherwise the standard of proof which is required in a criminal
      case and that of the disciplinary proceedings is different. The fact that
      the criminal court acquitted the respondent by giving him the benefit of
      doubt, will not in any way render a completed disciplinary proceeding
      invalid nor affect the validity of the finding of guilt or consequential
      punishment. As held by this Court in a catena of decisions the standard
H
     STATE BANK OF INDIA & ANR. v. K.S. VISHWANATH                             161
                    [M. R. SHAH, J.]

of proof required in criminal proceedings being different from the             A
standard of proof required in departmental enquiries, the same charges
and evidence may lead to different results in the two proceedings, that
is, finding of guilt in departmental proceedings and an acquittal by giving
benefit of doubt in the criminal proceedings
       10. Now the next question which is posed for consideration is           B
whether in the facts and circumstances of the case the appointing
authority was justified in dismissing the delinquent officer from service
is concerned looking to the seriousness of the charge proved of
misappropriating the sum of Rs.10 lakhs and not depositing the same
with the Bank, it cannot be said that the order of dismissal can be said to
be disproportionate to the charge and misconduct held to be proved. At         C
this stage even the modus operandi adopted by the delinquent officer
also deserves the consideration. As per the evidence on record, he went
along with the false and fabricated document dated 06.08.1996 along
with another person and he introduced that person as a new cashier and
he ensured that the voucher was not signed by him but signed by the            D
other person who was introduced by him as a new cashier. Therefore,
he saw to it that there is no evidence on record that he actually received
the money. This shows the criminal mind/conduct on the part of the
delinquent officer. Therefore, in the facts and circumstances of the case
it cannot be said that the disciplinary authority/competent authority/
management had committed any error in dismissing the respondent –              E
delinquent officer from service.
       11. In view of the above and for the reasons stated above, the
impugned judgment and order passed by the Division Bench of the High
Court dismissing the appeal and not interfering with the judgment and
order passed by the learned Single Judge which interfered with the order       F
of punishment imposed by the Disciplinary Authority dismissing the
respondent – delinquent officer from service and the judgment and order
passed by the learned Single Judge are hereby quashed and set aside.
       The order passed by the Management dismissing the respondent
– delinquent officer on proved charge and misconduct is hereby restored.       G
      Present Appeal is accordingly Allowed. In the facts and
circumstances of the case, there shall be no order as to costs.

Nidhi Jain                                                   Appeal allowed.
(Assisted by : Shashwat Jain, LCRA)                                            H