S K SINGH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This petition is filed against the judgment of the division bench of the Madhya Pradesh High court, Gwalior bench made on 13/3/1996 in LPA No. 80 of 1996.

(2.) The admitted position is that the petitioner was working as a Branch Manager in the respondent-Bank. A sum of Rs. 20,000. 00 was found to be short in cash of the branch. Therefore, disciplinary proceedings were initiated against him and an enquiry was conducted and he was removed from service. He challenged the order of his removal in an appeal which was dismissed; the writ petition filed by him was also dismissed by the learned Single Judge of the High court and on appeal, it was confirmed.

(3.) The only controversy raised in the High court was that as he was not supplied with the copy of the enquiry report, the order of dismissal was bad in law. The learned Single Judge as well as the division bench of the High court have considered the effect of the judgment of the Constitution bench of this court in Managing Director, ECIL v. B. Karunakar The learned Single Judge as well as the division bench of the High court had asked the petitioner as to what prejudice the petitioner had suffered for non-supply thereof. Since there was no adequate explanation offered by the petitioner, the High court came to the conclusion that though the copy of the report was not supplied, on the facts, as no prejudice was proved, it was not a case warranting interference.