LAWS(CAL)-2002-1-2

NARAYAN NAYAK Vs. STATE BANK OF INDIA

Decided On January 07, 2002
NARAYAN NAYAK Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) It is alleged that the father of the petitioner has been missing since July, 1992. F.I.R. was lodged before the appropriate Police Authority. Newspaper publications were also made. In the meantime, more than 7 years have passed. The petitioner had applied for appointment on compassionate ground presuming death of his father.

(2.) The Respondent-Bank by its letter dated February 1, 2001 asked the petitioner to furnish some documents including a copy of the decree of the competent Court declaring Civil Death of the employee. The petitioner had furnished all the documents except the decree of a competent Court declaring 'Civil Death' of the employee.

(3.) It is now contended by the learned Counsel appearing on behalf of the petitioner that the Respondent-Authority cannot insist upon a decree of a competent Court declaring 'Civil Death' of the employee. She relied on a decision of the Andhra Pradesh High Court in the case of Chief Engineer, Central Zone, A.P. State Electricity Board, Vijaywada & Others v. K. Naga Hema reported in 1996-I-LLJ-1121 in support of her contention.