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1990 Supreme(SC) 593

S.R.PANDIAN, K.JAYACHANDRA REDDY, A.M.AHMADI
Central Bank Of India LTD. – Appellant
Versus
C. Bernard – Respondent


Advocates:
D.N.Mishra, Narayan B.Shetye, O.C.MATHUR, S.R.Bhatt

JUDGMENT

AHMADI, J.— The short question which arises in this appeal by special leave is whether the departmental enquiry entrusted to and conducted by a bank official stands vitiated if the said official proceeds with the enquiry and concludes the same after his superannuation during the pendency of the enquiry? The High Court of Karnataka has held that such an enquiry is incompetent and without jurisdiction and, therefore, null and void. The facts giving rise to this appeal, briefly stated, are as under:

The respondent C. Bernard while serving as a Relieving Head Cashier in the K.G. Road Branch of the Bank in Bangalore city availed of 15 days leave from April 17, 1978 to May 1, 1978 and was allowed an advance of Rs 2500 on April 1, 1978 under LFC to be adjusted later on his submitting the LFC bill. He submitted a bill for Rs 2800 on May 5, 1978 along with a stamped cash receipt purported to have been issued by M/s Shri Manju Travels of Bangalore and claimed reimbursement for the same. The said bill was passed by the bank on May 15, 1978 but subsequent investigations revealed that the firm of M/s Shri Manju Travels was a spurious one which indulged in issuing fake travel receipts. T












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