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2026 Supreme(Online)(Chh) 17605

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ravindra Kumar Agrawal, J
K. M. Bokade – Appellant
Versus
Union Bank of India – Respondent
WP No. 3648 of 2003

Advocates:
For the Appellants/Petitioners: Udit Khatri, Ramayan Yadav
For the Respondents: Ankit Pandey

High Courts, in exercise of writ jurisdiction, will not re-appreciate evidence or substitute findings of a disciplinary inquiry unless the findings are perverse. The rule of alternative remedy is a self-imposed restraint that does not bar jurisdiction where the enquiry process provided due opportunity and complied with natural justice.

Headnote:(A) Constitution of India - Articles 226/227 - Service law - Departmental inquiry - Scope of judicial review - Writ jurisdiction - Exhaustion of alternative remedies under Industrial Disputes Act - When High Court may interfere despite alternative remedy - Rule of self-imposed restraint vs. jurisdictional bar - Principles of natural justice in disciplinary proceedings. (Paras 35, 39, 40)

(B) Disciplinary proceedings - Fair opportunity - Denial of documentation and cross-examination - Onus of proving prejudice - Whether procedural lapses without real prejudice vitiate inquiry - Strict rules of evidence in departmental enquiries - Standard of proof as preponderance of probabilities - Scope of reappreciation of evidence - Interference warranted only in cases of perversity or patent illegality. (Paras 30, 31, 32)

Facts of the case:
The petitioner, a former bank employee, challenged an order of compulsory retirement passed following a departmental inquiry into allegations of fraudulent financial withdrawals. The petitioner contended that the inquiry was conducted in violation of natural justice, citing non-supply of documents, denial of legal assistance, and non-examination of key witnesses. The employer argued that the petitioner failed to exhaust the efficacious statutory alternative remedy under the relevant industrial relations legislation and that the petition merely sought re-appreciation of evidence, which is outside the scope of writ jurisdiction.

Findings of Court:
The court noted that while the rule of alternative remedy is a matter of discretion and not a jurisdictional bar, the petitioner had been afforded ample opportunity to defend himself, including legal representation and cross-examination. The court held that the findings of the disciplinary authority were supported by sufficient oral and documentary evidence, and the punishment of compulsory retirement was not disproportionate given the gravity of the misconduct involving breach of trust.

Issues: Whether the writ petition is maintainable despite the availability of an alternative statutory remedy; whether the disciplinary inquiry was vitiated by procedural irregularities or violation of natural justice; and whether the findings of the disciplinary authority were perverse or the punishment disproportionate.

Ratio Decidendi: Judicial review under writ jurisdiction is limited to the decision-making process and does not extend to the re-appreciation of evidence or substitution of findings unless the decision is perverse or based on no evidence. Procedural irregularities do not vitiate an inquiry unless they cause actual, demonstrable prejudice to the delinquent employee. Availability of an alternative remedy is a self-imposed restraint, not an absolute bar, especially when the matter has reached a final hearing stage after extensive pleadings.

Result: Petition dismissed.

Table of Content
1. departmental disciplinary procedure and compliance with natural justice. (Para 2 , 3 , 4 , 5)
2. maintainability of writ petition and exhaustion of alternative remedies under id act. (Para 6 , 10 , 15 , 17 , 19 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40)
3. challenges based on procedural irregularities and lack of evidence. (Para 11 , 12 , 13 , 14 , 16)
4. evaluation of departmental enquiry evidence and findings of misconduct. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27)
5. scope of judicial review and non-interference with factual findings. (Para 28 , 29 , 30 , 31 , 32)
6. dismissal of writ petition for lacking merit. (Para 41 , 42)

C.A.V. Order

1. The petitioner has filed the present writ petition under Article 226/227 of the Constitution of India, challenging the order dated 16-10-2022 (Annexure P-28) and 09-04-2003 (Annexure P-33), and claimed the following reliefs in the writ petition:-

“7.1 It is prayed that this Hon'ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner from the possession of the respondents for its kind perusal.

7.2 This Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari quashing and setting aside the impugned order of penalty dated 16-10-2002 [Annexure P-28] and order passed in appeal dated 9-4-2003 (Annexure P-33).

7.3 This Hon'ble Court may further be pleased to issue appropriate writ of mandamus commanding the respondents to reinstate the petitioner in service with all consequential benefits maintaining continuity of service from the date of dismissal till the date of reinstatement and pay arrears of salary as also full salary in respect of the period during which the petitioner remained under suspension.

7.4 Any other relief/reliefs which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also please be granted to the petitioner.”

2. Brief facts of the case are that the petitioner was initially appointed as a Cashier in the respondent Bank on 01.06.1992 and, upon successful completion of his probation, was confirmed in service. Owing to his satisfactory and meritorious performance, he was promoted to the post of Head Cashier in 1995. He served at Burhar (M.P.) and was subsequently transferred to Ahiwara (C.G.) and thereafter to the Regional Office at Raipur in March 1999. While discharging his duties at Raipur, he was placed under suspension by order dated 14.10.1999 on certain allegations of misconduct. A charge-sheet dated 30.11.1999 was thereafter issued to him; however, the same was not accompanied by the list of documents or witnesses, thereby, according to the petitioner, depriving him of a fair opportunity to effectively respond. The petitioner denied all allegations vide his reply dated 31.12.1999.

3. A departmental enquiry was thereafter initiated, and an Enquiry Officer was appointed in January 2000. The petitioner challenged the manner in which the enquiry was being conducted by filing W.P. No. 187/2001 before this Court, primarily on the grounds that he was not supplied relevant documents, was not given sufficient time to prepare his defence, and was denied the assistance of a legal practitioner. It was also contended that the enquiry proceedings were being conducted in a hurried and predetermined manner. By order dated 15.02.2001, the coordinate bench of this Court disposed of the writ petition with directions that the petitioner be afforded an opportunity to lead evidence and that his request to engage a lawyer be duly considered before passing any final order.

4. Since the said directions were not fully complied with, particularly regarding engagement of a legal practitioner, the petitioner filed MCC No. 102/2001 before this Court. By order dated 23.10.2001, it was specifically directed the respondents to permit the petitioner to engage a lawyer of his choice. It was only thereafter, vide order dated 03.01.2002, that such permission was g

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2026 Supreme(Online)(Chh) 17605

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRavindra Kumar Agrawal, JK. M. Bokade – AppellantVersusUnion Bank of India – RespondentWP No. 3648 of 2003

Cases Referred (9)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ravindra Kumar Agrawal, J
K. M. Bokade – Appellant
Versus
Union Bank of India – Respondent
WP No. 3648 of 2003