As per case facts, Anil Sharma, a bank manager, was dismissed from service following an inquiry into allegations of illegal gratification and loan accounts turning into NPAs. His subsequent appeal ...
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-21259-2014
JUDGMENTS RESERVED ON :14.05.2025
JUDGMENTS PRONOUNCED ON : 28.05.2025
ANIL SHARMA ......Petitioner
VERSUS
STATE BANK OF INDIA AND OTHERS .......Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
*****
Present: - Ms. Anjali Kukar, Advocate
for the petitioner.
Mr. Kapil Kakkar, Advocate
for the respondent-Bank.
*****
VINOD S. BHARDWAJ, J.
Challenge in the present petition is to the Enquiry Report dated
29/3/2010 (Annexure: P10), order of dismissal from service dated 27/4/2011
(Annexure: P12) passed by Respondent no. 3 (Appointing Authority), order
dated 20/8/2011 (Annexure: P14) passed by Respondent no. 1 (Appellate
Authority) as well as order dated 12/11/2012 (Annexure: P16) passed by the
Reviewing Committee. A further prayer has been made directing the
Respondents to take back the petitioner as Officer Jr. Management Grade
Scale 1 with full back wages along with all consequential reliefs.
2. Learned Counsel for the Petitioner contends that the Petitioner
was appointed as a Clerk with the Respondent bank on 22/11/1985. He
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remained posted as a Clerk for 19 years and was thereafter promoted as Jr.
Management Grade Scale–I on 15.03.2004 and was posted with SBI,
Charna, District Sirmour(Himachal Pradesh). The Petitioner joined as a
Manager with SBI, Charna,) on 11/8/2004. He worked to the satisfaction of
his employers and several customers left other banks and started to do
business with State Bank of India (SBI).
3. The petitioner was mainly catering with rural clients whose
main business was related to Agriculture. A ‘Loan Utsav’ was held to
commemorate petitioners good work and staff working under him. In this
event, 75 loans were sanctioned on the same day amounting to Rs. 57.87
Lakhs.
4. It is further contended that the working of the manager who was
posted after the transfer of the petitioner from the Charna Branch was not
satisfactory and the same was foisted upon the petitioner despite he not
working in the said branch and it being the responsibility of the incumbent
Manager to ensure recovery of loan amounts and to not allow the loan
accounts to slip as NPAs.
5. A complaint was however made against one Pardeep Aggarwal
(who was clerk at Charna Branch when petitioner was Branch Manager at
Didag) and the said complaint was signed by 15 people. Thereafter, two
individual complaints one by Yashpal and another by Anil Kumar were
purported to have been made in which name of Petitioner was mentioned for
the first time. The petitioner states that both these persons were signatory to
the earlier complaint, wherein they did not mention the name of petitioner
but later mentioned his name on asking of certain bank officials.
CWP-21259-2014 -3-
6. Petitioner thereafter received a letter dated 18.03.2008 whereby
petitioner was placed under suspension. He also received a preliminary
inquiry report dated 26/27.03.2008 alongwith the said letter to which he duly
replied on 12.04.2008. The petitioner was thereafter transferred to the Zonal
Office, Punjab at Chandigarh from the branch on 11.09.2008.
7. A copy of chargesheet along with Articles of charges on
05.02.2009 were served upon the petitioner vide letter dated 02.03.2009
stating that the enquiry in terms of Rule 68 (2)(i)(ii) of the State Bank of
India Officers service Rules shall be conducted and an Enquiry Officer was
also appointed.
8. There were a total of 7 Charges against petitioner. Bare perusal
of Chargesheet would state that there are 2 sets of allegations broadly. The
1
st
set of allegation is for having received illegal gratification in collusion
with Pardeep Aggarwal, cashier of the Bank in sanctioning loans and other
set of allegations is that accounts turned into NPAs due to above stated fact.
Petitioner successfully cross examined witnesses and showed proof of his
innocence but in the enquiry report none of the defenses taken by the
petitioner were considered.
9. In enquiry report as regards Charge 1 (illegal gratification), it is
written “party proved” with a finding that the bribe money has been
accepted by the staff, may be by the assistant who completed the
documentation in all these cases. It is contended that once the 1
st
charge is
not proved or partially proved to hold that the staff might have taken illegal
gratification and not the petitioner, rest of the charges based upon charge 1
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should have also been held to be not proved but without discussing any of
the defence pleas and documents given by the petitioner, all charges have
been illegally, arbitrarily and without discussion been held to be proved. It
was specifically brought to the notice of the enquiry officer that at the time
when Petitioner was transferred, the figure of NPA accounts was Rs. 6.76
lakhs. It was during the tenure of subsequent manager that these accounts
turned into NPAs for which petitioner was chargesheeted.
10. Acceptance of bribe money by the Assistant cannot be a ground
to either chargesheet the petitioner or to hold him guilty as the petitioner
cannot be held guilty of wrongdoing of a subordinate employee.
Furthermore, as regards the allegation of handing cheque by petitioner to
some person, no such cheque was brought on record during the evidence
stage and none was put to the petitioner to either controvert or accept the
same and if the document is not exhibited, the enquiry officer cannot give a
finding on the basis of non- existent document.
11. Cross Examination of one Shri Durga Singh clearly reveals that
the accounts turned NPA as the subsequent Branch Manager did not allow
the account holders to withdraw money in off-season and therefore, they did
not route the money through the accounts.
12. Punishing Authority without going into the merits of defence
submitted by the petitioner passed the order of dismissal of service by order
dated 27.04.2011. In the impugned order of dismissal, it has been wrongly
mentioned by the punishing authority that 2 persons Yashpal Sharma and
Anil Kumar had deposed against the Petitioner. Petitioner thereafter filed an
appeal under Rule 69 of SBI Officers Services Rules. The Appellate
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Authority vide its order dated 20.08.2011 dismissed the appeal of the
petitioner. He filed a review application/memorandum before the reviewing
committee, however, the reviewing Authority vide its order dated
12.11.2012 dismissed the said memorandum.
13. Aggrieved thereof, the present writ petition is filed.
14. On the last date of hearing, i.e. 06/03/2025 a preliminary
objection was raised regarding Territorial jurisdiction by the Counsel for
Respondents, in light of the fact that the petitioner was serving as Branch
Manager in the State of Himachal Pradesh and the petitioner was terminated
from his services in the State of Himachal Pradesh. Hence, no part of cause
of action had arisen within the jurisdiction of this Hon’ble Court. The
counsel for respondent prayed for dismissal of the present petition on this
ground alone. The aforesaid order is reproduced as follows:-
‘An objection with respect to the maintainability of
the present writ petition has been raised by the counsel
for respondents on the ground that at that time petitioner
was serving in Himachal Pradesh and the proceedings
from where the cause of action has accrued were also
initiated there.
Learned Counsel appearing for the petitioner
prays for some time to assist this court on the objection
of maintainability of the present writ petition raised by
the Counsel for the respondents.
On request, adjourned to 14.05.2025.’
15. On resumed hearing today, Learned Counsel for petitioner
placed reliance on the judgment of Delhi High Court in W.P. (C) No.
CWP-21259-2014 -6-
10392/2015 titled as PKS Shrivastava v Union of India & Anr decided on
1/12/2016. In this case, the impugned termination order was issued at New
Delhi but the order of termination was served upon the petitioner at Goa.
The Delhi High Court dismissed the petition stating that the Cause of action
would arise only on communication of order and the mere existence of file
in Delhi would not give the Court jurisdiction. The extract of the same
relied upon by the Counsel for the petitioner is reproduced hereunder:
“9. Therefore, the ratio of the judgment in the case
of Sterling Agro Industries Ltd. (supra) will have no
application and will not help the petitioner for holding
that this Court has territorial jurisdiction. Even as per
the case of Sterling Agro Industries Ltd. (supra) at least a
part of cause of action has to arise in Delhi for this Court
to have territorial jurisdiction to file a case, and no part
of cause of action has arisen in Delhi in the present case
because simply existence of an order in the file of the
Government at Delhi does not create any right or
liability, and which right or liability is created only on
communication of the order, and which order dated
28.10.2015 in the present case was communicated to the
petitioner at Goa.”
16. Petitioner claims the jurisdiction of this Court on the ground
that conveyance of letter was within the territorial jurisdiction of this Court,
hence, the jurisdiction would vest here. The impugned orders were passed by
the Headquarters of SBI which is placed in Chandigarh which is well within
the jurisdiction of the Court.
17. Petitioner has also placed reliance on the judgment of
Karnataka High Court titled as Arun Kumar Aggarwal v Chairman, State
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Bank of India and Anr arising out of W.P. no 25946 of 1991 decided on 26
th
November, 1999. In this case, the Petitioner was working at the State Bank
of India’s Lucknow Circle, but the said order was served upon the Petitioner
at Bangalore. Since the order was communicated at Bangalore, it was held
that Karnataka High Court has jurisdiction to entertain the same.
18. Before proceeding any further it is necessary to delve into the
question of maintainability of present writ petition.
19. The undisputed facts which emerge from the present writ
petition is that Petitioner was charge-sheeted for colluding with one Pardeep
Aggarwal for taking money from prospective buyers as illegal gratification
and a major penalty of ‘Dismissal from service’ was imposed on Petitioner
in terms of Rule 67(j) of State Bank of India Officers Rules.
20. A perusal of the proceedings under challenge show that the
order for holding Regular inquiry as well as charge-sheet shows that the
same was served upon him at Hamirpur (H.P.) The address given of the
communication of Inquiry report is also at Hamirpur. So much so, even in
his own reply/comments in response show that the petitioner has himself
mentioned his address at ‘Office of SBI, Hamirpur’. The address for
Communication of order of dismissal is also at Hamirpur. Even in the
pleading, it is not the case of the petitioner that earlier orders or proceedings
had taken place in Chandigarh merely because the Head Office is at
Chandigarh and some departmental correspondence originated from here is
not same as saying that the order is communicated at Chandigarh. The
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judgments cited by the petitioner do not itself become applicable to the facts
pleaded.
21. Article 226(2) of the Constitution of India states that : The
power conferred by clause (1) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High Court
exercising jurisdiction in relation to the territories within which the cause of
action, wholly or in part, arises for the exercise of such power,
notwithstanding that the scat of such Government or authority or the
residence of such person is not within those territories.
22. It is clear from the bare reading of the provision that the High
Court can exercise the jurisdiction in relation to the territory within which
the cause of action, wholly or in part arises. The expression “cause of
action” has not been defined in Constitution. However, the classic definition
of “cause of action” given by Lord Brett in Cooke v. Gill , (1873) LR 8 CP
107 that “cause of action” means every fact which would be necessary for
the plaintiff to prove, if traverse, in order to support his right to judgment of
this Court”, which has been accepted by the Hon’ble Supreme Court. It has
been observed by the Hon’ble Supreme Court in State of Goa v. Summit
Online Trade Solutions reported as (2023) 7 SCC 791 that it is axiomatic
that without a cause, there cannot be any action. In context of a writ petition,
what would constitute such ‘cause of action’ is the material facts which are
imperative for the writ petitioner’s to plead and prove to obtain relief as
claimed.
CWP-21259-2014 -9-
23. In the case of Navinchandra N.Majithia versus State of
Maharashtra and others reported as AIR 2000 SC 2966 there was wide
discussion on the phrase “Cause of Action”. The relevant extract thereof
reads as under:-
“18. In legal parlance the expression "cause of
action" is generally understood to mean a situation or
state of facts that entitles a party to maintain an action in
a court or a tribunal; a group of operative facts giving
rise to one or more basis for suing; a factual situation
that entitles one person to obtain a remedy in court from
another person. (Black's Law Dictionary)
19. In Stroud's Judicial Dictionary a "cause of action" is
stated to be the entire set of facts that gives rise to an
enforceable claim; the phrase comprises every fact,
which, if traversed, the plaintiff must prove in order to
obtain judgment.
20. In "Words and Phrases" (4th Edn.) the meaning
attributed to the phrase "cause of action" in common
legal parlance is existence of those facts which give a
party a right to judicial interference on his behalf.
21. A Bench of three learned Judges of this Court in the
case of Oil and Natural Gas Commission v. Utpal Kumar
Basu reported as (1994) 4 SCC 711considered at length
the question of territorial jurisdiction under Article
226(2) of the Constitution of India. Some of the relevant
observations made in the judgment are extracted
hereunder: (SCC pp. 716-17, paras 5-6) "5. Clause (1) of
Article 226 begins with a non obstante clause
notwithstanding anything in Article 32- - and provides
that every High Court shall have power throughout the
CWP-21259-2014 -10-
territories in relation to which it exercises jurisdiction', to
issue to any person or authority, including in appropriate
cases, any Government, 'within those territories'
directions, orders or writs, for the enforcement of any of
the rights conferred by Part III or for any other purpose.
Under clause (2) of Article 226 the High Court may
exercise its power conferred by clause (1) if the cause of
action, wholly or in part, had arisen within the territory
over which it exercises jurisdiction, notwithstanding that
the seat of such Government or authority or the residence
of such person is not within those territories. On a plain
reading of the aforesaid two clauses of Article 226 of the
Constitution it becomes clear that a High Court can
exercise the power to issue directions, orders or writs for
the enforcement of any of the fundamental rights
conferred by Part III of the Constitution or for any other
purpose if the cause of action, wholly or in part, had
arisen within the territories in relation to which it
exercises jurisdiction, notwithstanding that the seat of the
Government or authority or the residence of the person
against whom the direction, order or writ is issued is not
within the said territories. In order to confer jurisdiction
on the High Court of Calcutta, NICCO must show that at
least a part of the cause of action had arisen within the
territorial jurisdiction of that Court. This is at best its
case in the writ petition.
6. It is well settled that the expression 'cause of action'
means that bundle of facts which the petitioner must
prove, if traversed, to entitle him to a judgment in his
favour by the court. In Chand Kour v. Partab Singh Lord
Watson reported as ILR (1889) 16 Cal 98 said: ... the
cause of action has no relation whatever to the defence
CWP-21259-2014 -11-
which may be set up by the defendant, nor does it depend
upon the character of the relief prayed for by the plaintiff.
It refers entirely to the ground set forth in the plaint as
the cause of action, or, in other words, to the media upon
which the plaintiff asks the court to arrive at a conclusion
in his favour.' Therefore, in determining the objection of
lack of territorial jurisdiction the court must take all the
facts pleaded in support of the cause of action into
consideration albeit without embarking upon an inquiry
as to the correctness or otherwise of the said facts. In
other words the question whether a High Court has
territorial jurisdiction to entertain a writ petition must be
answered on the basis of the averments made in the
petition, the truth or otherwise whereof being immaterial.
To put it differently, the question of territorial jurisdiction
must be decided on the facts pleaded in the petition.
Therefore, the question whether in the instant case the
Calcutta High Court had jurisdiction to entertain and
decide the writ petition in question even on the facts
alleged must depend upon whether the averments made in
paragraphs 5, 7, 18, 22, 26 and 43 are sufficient in law to
establish that a part of the cause of action had arisen
within the jurisdiction of the Calcutta High Court."
Xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx
38. "Cause of action" is a phenomenon well understood
in legal parlance. Mohapatra, J. has well delineated the
import of the said expression by referring to the
celebrated lexicographies. The collocation of the words a
"cause of action, wholly or in part, arises" seems to have
been lifted from Section 20 of the Code of Civil
Procedure, which section also deals with the
jurisdictional aspect of the courts. As per that section the
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suit could be instituted in a court within the legal limits of
whose jurisdiction the "cause of action wholly or in part
arises". Judicial pronouncements have accorded almost a
uniform interpretation to the said compendious
expression even prior to the Fifteenth Amendment of the
Constitution as to mean "the bundle of facts which would
be necessary for the plaintiff to prove, if traversed, in
order to support his right to the judgment of the court".
39. In Read v. Brown (1888) 22 QBD 128 Lord Esher,
M.R., adopted the definition for the phrase "cause of
action" that it meant "every fact which it would be
necessary for the plaintiff to prove, if traversed, in order
to support his right to the judgment of the court. It does
not comprise every piece of evidence which is necessary
to prove each fact, but every fact which is necessary to be
proved"
40. The Privy Council has noted in Mohd. Khalil Khan v.
Mahbub Ali Mian reported as AIR 1949 PC 78 that the
aforesaid definition adopted by Lord Esher M.R. had
been followed in India. Even thereafter the courts in
India have consistently followed the said interpretation
without exception for understanding the scope of the
expression "cause of action".
41. Even in the context of Article 226(2) of the
Constitution this Court adopted the same interpretation
to the expression "cause of action, wholly or in part,
arises" vide State of Rajasthan v. Swaika Properties
(1985) 3 SCC 217. A three-Judge Bench of this Court in
Oil and Natural Gas Commission v. Utpal Kumar Basu
(supra) observed that it is well settled that the expression
"cause of action" means that bundle of facts which the
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petitioner must prove, if traversed to entitle him to a
judgment in his favour. Having given such a wide
interpretation to the expression Ahmadi, J. (as the
learned Chief Justice then was) speaking for M.N.
Venkatachaliah, C.J. and B.P. Jeevan Reddy, J., utilised
the opportunity to caution the High Courts against
transgressing into the jurisdiction of the other High
Courts merely on the ground of some insignificant event
connected with the cause of action taking place within the
territorial limits of the High Court to which the litigant
approaches at his own choice or convenience. The
following are such observations. "If an impression gains
ground that even in cases which fall outside the
territorial jurisdiction of the court, certain members of
the court would be willing to exercise jurisdiction on the
plea that some event, however trivial and unconnected
with the cause of action had occurred within the
jurisdiction of the said court, litigants would seek to
abuse the process by carrying the cause before such
members giving rise to avoidable suspicion. That would
lower the dignity of the institution and put the entire
system to ridicule. We are greatly pained to say so but if
we do not strongly deprecate the growing tendency we
will, we are afraid, be failing in our duty to the institution
and the system of administration of justice. We do hope
that we will not have another occasion to deal with such
a situation."
24. Admittedly, the counsel for petitioner has failed to point out any
part of any cause of action which has arisen in the jurisdiction of this Court
except origination of letters which have been issued by Respondent no.5. In
the present case the Cause of action accrued in Charna Branch of State Bank
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of India and mere receipt or communication of order is not sufficient to
invoke jurisdiction under Article 226(2). The same view was taken in CT
Sanjay Singh v Union of India and others arising out of CWP 13728 of 2010
decided on 20
th
August, 2010. The relevant paragraphs are extracted as
follows:-
“2. For the purpose of deciding whether facts averred by
the petitioner would or would not constitute a part of
cause of action, one has to consider whether such facts
constitute a material, essential or integral part of cause
of action. In determining the said question the substance
of the matter and not form thereof is to be considered.
Even if a small fraction of the cause of action arises
within the jurisdiction of the Court, the Court would have
territorial jurisdiction to entertain the suit/petition, but it
must be an integral part of cause of action, nothing less
than that. The facts pleaded in the petition must form the
part of integral cause of action.
3. The mere communication of the order would not give
territorial jurisdiction to the Court to entertain and try
the writ petition.
25. Even in the case of Oil and Natural Gas Commission v Utpal
Kumar Basu and others reported as (1994) 4 SCC 711 Hon’ble Supreme
Court held that averments in the petition did not disclose that even a part of
cause of action arose within the territorial jurisdiction of the Calcutta High
Court, therefore the Court had no jurisdiction to entertain the matter.
26. The judgments cited by the petitioner of Delhi High Court and
Karnataka High Court are not binding on this Court and same only holds a
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persuasive value whereas the judgment of CT Sanjay Kumar is from this
Court and would thus be an enforceable precedent. The Hon’ble High Court
of Delhi and Karnataka had no occasion to deal with judgment of this Court
on the same issue. Counsel for the petitioner has failed to point out as to how
the judgment in CT Sanjay Kumar (supra) does not lay down a good law. In
the absence of the same, this Court becomes bound by the earlier view and if
it does not agree to the same, the matter needs to be referred to a larger
Bench. Since no such circumstances have been cited or argument raised,
there is no compelling reason for this Court to take any different view.
27. The writ petition is therefore disposed of for want of territorial
jurisdiction, with liberty to the petitioner to file the writ petition in the
competent court having territorial jurisdiction to decide the present lis. As
the matter is not being decided on merits, the same are not being commented
upon lest it causes prejudice to the parties.
(VINOD S. BHARDWAJ)
MAY 28, 2025 JUDGE
Vishal Sharma
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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