IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1296 of 2022 -----

Vivek Prakash, aged about 33 years, son of Dr. Jai Prakash Narayan, resident of DIG Campus, Near Pandra Middle School, P.O. Hehal, P.S. Pandra O.P., District Ranchi (Jharkhand). ....Petitioner(s).

Versus

1. Indian Bank, through the Chairman-cum-Managing Director, having its office at corporate office, PB. No. 5555, 254-260, Avvai Shanmugan Salai, P.O. Royapettah, Royapettah, District Chennai-

600 014 (Tamil Nadu).

2. The Deputy General Manager/ Appellate Authority, Indian Bank, having its office at Corporate Office, Vigilance Department, 254- 260, Avvai Shanmugam Salai, P.O. Royapettah, P.S. Royapettah, District Chennai-600 014 (Tamil Nadu).

3. The Assistant General Manager/ Disciplinary Authority, Indian Bank, having its office at Zonal Office 49-B, white House, Srikant Road, B. Deoghar H.O., P.O. Deoghar, P.S. Deoghar, District Deoghar (Jharkhand).

4. Senior Manager/ Enquiry Authority, Indian Bank, having its office at Katrasgarh Branch, Hanuman Mansion, P.O. Dhanbad, P.S.

Dhanbad, District Dhanbad (Jharkhand) …Respondent(s)

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Arpan Mishra, Advocate For the Respondents : Mr. P.A.S. Pati, Advocate …......

13/ 27.01.2026: By way of filing this writ petition, the petitioner has sought for the following reliefs:-

i. For issuance of an appropriate writ, order or direction particularly writ of certiorari for quashing/ setting aside the entire departmental proceeding initiated against the petitioner including the memo of charge dated 26.03.2019 (Annexure 4) and the report of the Enquiry Authority dated 21.09.2020 (Annexure-7);

ii. For issuance of an appropriate writ, order or direction in the nature of writ of certiorari for quashing /setting aside the penalty order contained in Administrative Order dated 14.12.2020 (Annexure-9) passed by the Disciplinary Authority, whereby and whereunder, punishment of the "Compulsory Retirement" has been inflicted upon the petitioner;

iii. For issuance of an appropriate writ, order or direction in the nature of writ of certiorari for quashing /setting aside the appellate order dated

06.12.2021 (Annexure-10) passed by the Appellate Authority, whereby and whereunder the appeal preferred by the petitioner against the penalty order has been rejected;

iv. Upon quashing the aforesaid order petitioner further prayed for reinstatement in service consequential benefits; with all consequential benefits.

2. The petitioner was appointed as a clerk-cum-cashier in Allahabad Bank on 05.08.2009 on probation. His service was confirmed in 01.02.2011, and he was later promoted to Scale-I Officer in August 2012. In October 2017, the petitioner was suspended in connection with alleged irregularities in bank transactions. After his suspension, the bank issued show-cause notices and a charge sheet wherein petitioner was charged for making fraudulent transactions in which the petitioner replied that few mistakes might have occurred due to human error, and requested permission to correct them. Meanwhile in April 2020, Allahabad Bank merged with Indian Bank, and the petitioner opted to join Indian Bank during this merger. A departmental enquiry was conducted, and the Enquiry Officer found the petitioner guilty. Disciplinary Authority accepted the enquiry report and imposed the punishment of compulsory retirement. The petitioner filed an appeal, but the Appellate Authority rejected it and confirmed the punishment.

3. Learned counsel for the petitioner submits that the Appellate Authority and the Disciplinary Authority have passed the impugned order solely on the basis of findings of the Enquiry Officer and without proper application of mind. He further submits that the petitioner was not allowed to examine witnesses during the enquiry, which violated principles of natural justice. He also submits that there were no adverse entries in his service record throughout his career. The alleged transactions were