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2015 Supreme(Del) 1354

PRADEEP NANDRAJOG, MUKTA GUPTA
K. V. KULKARNI – Appellant
Versus
BANK OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms.Vasudha Indurkar, Adv.
For the Respondents: Mr.Jagat Arora, Adv.

JUDGMENT :

MUKTA GUPTA, J.

1. K.V.Kulkarni while working as Chief Manger of Bank of India was dismissed from service pursuant to an inquiry on November 21, 1989 which order was upheld by the appellate authority vide order dated April 19, 1990. K.V.Kulkarni filed a writ petition being W.P.(C) No.1609/1990 before this Court challenging the two orders of dismissal which writ petition was dismissed by the learned Single Judge of this Court on August 13, 2009 and hence the present appeal.

2. The allegations of misconduct against K.V.Kulkarni were of abusing his official position to accommodate M/s.Harrison Tyres Company, a borrower of the branch, to the detriment of bank’s interest interalia by realising facilities exceeding his delegated authority and not reporting the same immediately to any superior authority knowing fully well that M/s Harrison Tyre Company was an offshoot of M/s Kanishka Tyres and Tubes Pvt.Ltd. and was operated from the same premises with common Director and same stock. The accommodation to M/s Harrison Tyre Company to the detriment of the bank’s interest was to the extent that even the specific written advice incorporated in the letters dated July 16, 1982 and Septe












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