Patna High Court in Ajay Kumar Singh vs. Canara Bank C.W. No. 6694/2008, invalidated the dismissal order passed by the disciplinary authority relying on the extraneous documents, namely, statement under Section 164 of the Code of Criminal Procedure, 1973 (“Cr.P.C“). The Court placed reliance on the Supreme Court ruling in Roop Singh Negi vs. Punjab National Bank reported in (2009) 2SCC 570, wherein it was held that 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 and therefore the decision of disciplinary authority in relying on statement under Section 164 of the Cr.P.C is extraneous and it is not in terms of disciplinary regulations.
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