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ROOP SINGH NEGI vs. PUNJAB NATIONAL BANK & ORS.

SCR Citation: [2008] 17 S.C.R. 1476
Year/Volume: 2008/ Volume 17
Date of Judgment: 19 December 2008
Petitioner: ROOP SINGH NEGI
Disposal Nature: Appeal Allowed
Neutral Citation: 2008 INSC 1502
Judgment Delivered by: Hon'ble Mr. Justice S.B. Sinha
Respondent: PUNJAB NATIONAL BANK & ORS.
Case Type: CIVIL APPEAL /7431/2008
Order/Judgment: Judgment
1. Headnote

Service Law - Disciplinary proceedings - Bank - Theft of blank draft issue book - Appellant, a bank employee, one of the accused - Enquiry· Officer found appellant guilty by, placing reliance upon a purported confession made by him before police authorities - disciplinary Authority without considering contentions-raised by appellant including the fact t that in the meanwhile he had been discharged by Criminal Court, directed dismissal of appellant - Held: Enquiry Officer performs a quasi judicial function and has a duty to arrive at a finding upon taking into consideration materials brought on record by parties - On facts, only basic evidence whereupon reliance was placed by Enquiry Officer was the purported confession made by appellant before police - Said  confession should have been proved - No evidence, direct - or indirect, was brought on record to show that appellant indulged in stealing the bank draft book - Also, order of disciplinary authority and of appellate authority were not supported by any reason - If Enquiry officer had relied upon F confession made by appellant, there was no reason as to why . order of discharge passed by Criminal Court on basis of self- , same evidence should not have been taken into consideration- Provisions of Evidence Act may not be applicable in departmental proceeding but principles of natural justice are - As report of Enquiry Officer was based on mere ipse dixit as also surmises and conjectures, same cannot be sustained - Appellant accordingly directed to be re-instated with full back wages - Principles of natural justice - Requirement of application of mind. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Service Law - Disciplinary proceedings
5. Equivalent citation
    Citation(s) 2008 AIR 921 = 2009 (2) SCC 570 = 2009 (2) Suppl. SCC 570 = 2009 (2) JT 176 = 2009 (2) Suppl. JT 176 = 2009 (1) SCALE 284