ROOP SINGH NEGI versus PUNJAB NATIONAL BANK & ORS.

Citation: [2008] 17 S.C.R. 1476 · Decided: 19-12-2008 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2008) 17 S.C.R. 1476 
A 
ROOP SINGH NEGI 
II. 
PUNJAB NATIONAL BANK & ORS. 
)-
I 
(Civil Appeal No. 7431 of 2008) 
B 
DECEMBER 19, 2008 
[S.8. SINHA AND CYRIAC JOSPEH, JJ.] 
Service Law - Disciplinary proceedings - Bank - Theft 
of blank dra:_ft issue bo_ok - Appellant, a bank employee, one 
.. 
c of the accused - Enquiry· Officer found appellant guilty by 
-\, 
placing reliance upon a purported confession made by him 
before police authorities - bisciplinary Authority without 
considering contentions-raised by appellant including the fact 
t 
that in the meanwhile he had been discharged by Crimi[]~/ 
D 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 
E · 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 
~-
-
Prqvisions of Evidence Act may not be applicable in 
departmental proceeding but principles of natural justice are 
G - 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 
·r 
application of mind. 
H 
1476 
r 
ROOP SINGH NEGI v. PUNJAB NATIONAL BANK 
1477 
& ORS. 
Appellant, a Bank employee was allegedly involved 
in theft of a blank draft issue book. Five years after the 
incident, disciplinary proceeding were initiated against 
him. The Enquiry Officer found the appellant guilty by 
placing reliance .upon a purported confession made by 
him before the police authorities at the time of the 
incident. 
The Disciplinary Authority without assigning any 
reason and without considering the contentions raised 
by the appellant including the fact that in the meanwhile 
A 
B 
he had been discharged by the Criminal Court, directed 
C 
the appellant to be dismissed from service. 
Representation made by appellant before the appell~te 
authority was dismissed. Thereafter, appellant filed writ 
petition which was dismissed by the High Court. Hence 
the present appeal. 
Allowing the appeal, the Court 
D 
HELD:1.1. A departmental proceeding is a quasi 
judicial proceeding. The Enquiry Officer performs a quasi 
judicial function. The charges levelled against the 
delinquent officer must be found to have been proved. 
E 
The enquiry officer has a duty to arrive at a finding upon , 
taking into consideration the materials brought on record 
by the parties. The purported evidence collected during 
investigation by the Investigating Officer against all the 
accused by itself could not be treated to be evidence in !F 
the disciplinary proceeding. No witness was examined to 
prove the said documents. The management witnesses 
merely tendered the documents and did not prove the 
contents thereof. Reliance, inter alia, was placed by the 
Enquiry Officer on the FIR which could not have been 
1 
treated as evidence. The only basic evidence whereupon 
G 
reliance has been placed by the Enquiry Officer was the 
purported confession made by the appellant before the 
police. According to the appellant, he was forced to sign 
I 
on the said confession, as he was tortured in the police · 
station. Appellant being an employee of the bank, the said 
H 
1478 
SUPREME COURT REPORTS 
(2008] 17 S.C.R. 
A confession should have been proved. Some evidence 
should have been brought on record to show that he had 
indulged in stealing the bank draft book. Admittedly, there 
'!-- _
was no direct evidence. Even there was no indirect· 
evidence. The tenor of the report demonstrates that the 
8 Enquiry Officer had made up his mind to find him guilty 
as otherwise he would not have proceeded on the basis 
that the offence was committed in such a manner that no 
evidence was left. [Para 10] (1485-G-H; 1486-A-E] 
1.2. The order of

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