IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN, J.
Avinash Kumar Soni S/o Jay Kumar Soni – Appellant
Versus
Punjab and Sind Bank through its Chief General Manager, New Delhi – Respondent
Civil Writ Jurisdiction Case No. 7289 of 2022
Decided On : 29-01-2026
JUDGMENT :
ANSHUMAN, J.
I.A. No. 01 of 2025
1. 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.
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 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 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 enquir
The court ruled that failure to provide inquiry reports and examine witnesses violates natural justice, rendering disciplinary actions arbitrary and illegal.
Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its strid....
Procedural fairness in disciplinary inquiries mandates adherence to statutory requirements, including the presentation of evidence and opportunity for defense, failure of which invalidates the inquir....
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
The court established that in departmental inquiries, adherence to principles of natural justice is paramount, and failure to provide a fair opportunity to defend oneself can render the inquiry and s....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
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