The State Bank of India vs Pulak Chandra Das
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 418 of 2025
In
C.W.J.C. No. 11961 of 2010
=====================================================
th
1. The State Bank of India through its Chief General Manager, 7
Floor, Local Head Office, State Bank of India, West Gandhi
Maidan, Patna
2. The Deputy General Manager O and C (NW-I)-cum-Appellate
Authority, Disciplinary Proceeding Cell, State Bank of India,
Administrative Building, J.C. Road, Patna
3. The Assistant General Manager (Administration)-cum-
Disciplinary Authority, Disciplinary Proceeding Cell, State
Bank of India, Administrative Office, Purnia
4.
The Assistant General Manager, Region III, State Bank of India
Zonal Office, Purnia.
5. The Deputy Manager-cum-Enquiry Officer, State Bank of
India, Administrative Office, Purnia Region I, Purnia.
6.
The Deputy Manager-cum-Presenting Officer, State Bank of
India Region III, Administrative Office, Purnia.
7. The Branch Manager, State Bank of India, Forbesganj Branch,
District- Araria
... ... Appellant
Versus
Pulak Chandra Das, S/o- Late Kanti Chandra Das, R/o- Mohalla-
High School Para, Near East Bang Bhawan, P.S. Katihar, District-
Katihar.
... ... Respondents
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Appearance :
For the Appellant : Mrs. Namrata Mishra, Sr. Advocate
Ms. Archana Jha, Advocate
For the Respondents : Mr. Aditya Narain Singh, Advocate
Mr. Kundan Kumar Sinha, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
CAV JUDGMENT
Patna High Court L.P.A. No. 418 of 2025 dt. 05-11-2026
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(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-11-2026
This intra court appeal has been filed by the State
Bank of India challenging the order of the learned Single Judge
dated 14.02.2025 in C.W.J.C. No. 11961 of 2010, whereby the
learned Single Judge has allowed the writ petition filed by the
respondent herein by stating in Paragraphs 13 to 15 as under:-
“13. In the light of these facts and circumstances,
petitioner has made out a case so as to
interfere with the impugned orders.
Accordingly, impugned orders dated
14.11.2009 passed by the Disciplinary
Authority and dated 19.02.2010 passed by
the Appellate Authority are set aside.
14. Instant writ petition stands allowed.
15. The concerned respondents are hereby
directed to extend 50% of monetary benefits
to the petitioner during the intervening
period from the date of removal from service
till attaining the age of superannuation and
retired from service and other retiral service
benefits viz. monetary benefits. The above
exercise shall be completed within a period
of six months from the date of receipt of this
order.”
2. Some of the facts which are relevant to be noted
are that the respondent while working as a Senior Assistant in
the appellant Bank was subjected to disciplinary proceedings.
The preliminary charges were framed on 13.03.2007, to which
the respondent submitted his reply on 17.04.2007. Thereafter, a
final charge-sheet was framed on 22.08.2007. The respondent
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submitted his reply to the same on 05.09.2007. The Disciplinary
Authority not being satisfied with the respondent’s explanation,
proceeded to appoint an Inquiry Officer. The Inquiry Officer
submitted his report on 26.12.2008 holding the charges framed
against the respondent as proved. Resultantly, a second show-
cause notice dated 05.11.2009 was issued by the Disciplinary
Authority. Thereafter, the Disciplinary Authority proceeded to
impose punishment of removal of the respondent from service
on 14.11.2009. Aggrieved by the order of punishment, the
respondent preferred an appeal before the Appellate Authority
on 26.12.2009, which appeal was dismissed. This resulted in the
respondent filing the writ petition before the learned Single
Judge wherein the impugned order is passed.
3. The case of the respondent was that the
Disciplinary Proceedings were not held in accordance with the
principles of natural justice. According to the respondent, the
charge-memo was not accompanied with the list of documents
and list of witnesses. According to him, even the statement of
imputation was not provided. None of the witnesses like author
of the documents have been examined for the purpose of
proving the charges. The aforesaid submissions were not
appreciated by the Disciplinary Authority and the Appellate
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Authority, resulting in the imposition of penalty of removal of
the respondent from service.
4. Though the appellant Bank has tried to justify the
proceedings against the respondent, the stand was not accepted
by the learned Single Judge who allowed the writ petition in the
manner referred to, by us in the above paragraphs.
5. The learned Senior Counsel for the appellant Bank
would make only one submission inasmuch as though the
learned Single Judge has set aside the punishment of removal of
the respondent from service but he has erred in not remanding
the matter back to the Disciplinary Authority for holding the
proceedings from the stage of violation of principles of natural
justice. According to her, the charges against the respondent are
of very serious nature and the said allegations need to be
enquired into in accordance with the principles of natural
justice. She has relied upon the judgments in the case of
Chairman, Life Insurance Corporation of India & Ors. Vs. A.
Masilamani; (2013) 6 SCC 530, Managing Director, ECIL,
Hyderabad and others Vs. B. Karunakar and others; (1993) 4
SCC 727 and U.P. State Spinning Co. Ltd. Vs. R.S. Pandey
and another; (2005) 8 SCC 264 wherein according to her, the
Hon’ble Supreme Court has held that if the dismissal/removal is
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set aside for breach of natural justice, the matter ought to be
remanded back to the competent authority.
6. On the other hand, the learned counsel for the
respondent would justify the conclusion drawn by the learned
Single Judge, inasmuch as when the proceedings have been held
in total disregard to the principles of natural justice, the only
outcome possible is that the proceedings which have been
initiated resulting in the order of removal of the respondent from
service, liable to be set aside and the respondent reinstated in
service, with 50% back wages, as awarded by the learned Single
Judge. He contests the submissions made by the learned Senior
Counsel for the appellants that the matter be remanded back to
the Disciplinary Authority.
7. Having considered the rival submissions made by
the learned counsel for the parties, we are of the view that when
the respondent filed writ petition before the learned Single
Judge, his age was 42 years and we have been informed that the
respondent would be around 58 years of age as of now and
hence, the respondent has still service left before he will attain
the age of superannuation. If that be so, we agree with the
submissions made by the learned Senior Counsel for the
appellants that when a Disciplinary Proceedings resulting in the
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punishment of removal from service is set aside, the charges
against the respondent are of serious nature, the learned Single
Judge should have remanded the matter back to the Disciplinary
Authority to enable the Disciplinary Authority to proceed in the
proceedings from the stage when the principles of natural justice
have been violated so that the charges which have been framed
against the respondent are enquired into.
8. We accordingly accept the submission made by the
learned Senior Counsel by remanding the matter to the
Disciplinary Authority by modifying the direction in Paragraph
15 of the impugned order to read as under:-
“15. The concerned respondents are hereby
directed to extend 50% of monetary benefits to
the petitioner during the intervening period
from the date of removal from service till the
date of reinstatement, but with liberty to the
respondents herein to proceed with the
Departmental Proceedings pursuant to the
charge-sheet issued to the petitioner dated
22.08.2007. The Disciplinary Authority shall be
within his right to regulate the intervening
period from the date of removal of the
respondent from service i.e. 14.11.2009 till the
date of reinstatement. The departmental
proceedings as directed above shall be
completed preferably within a period of six
months from the date of receipt/production of
this order.”
9. The impugned order of the learned Single Judge
dated 14.02.2025 is modified to the above extent and the Letters
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Patent Appeal is disposed of.
10. Pending application(s), if any, shall also stand
disposed of.
(V. Kameswar Rao, CJ)
(Partha Sarthy, J) : I agree.
(Partha Sarthy, J)
P.K.P.
AFR/NAFR A.F.R
CAV DATE 24.09.2026
Uploading Date 05.11.2026
Transmission Date