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State Of Karnataka Cbi,Acb Bangalore vs K.T. Uthappa on 3 November, 2015

Bench: Pinaki Chandra Ghose, R.K. Agrawal

                                      IN THE SUPREME COURT OF INDIA
                                     CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL APPEAL NOS. 1872-1873/2014

  STATE OF KARNATAKA CBI,ACB BANGALORE                                     Appellant(s)


                                                      VERSUS

  K.T. UTHAPPA & ANR.                                                      Respondent(s)

                                                  WITH

                         SPECIAL LEAVE PETITION(CRIMINAL) NOS. 8630-8631/2012

                                                 O R D E R

We have heard Mr. P.K. Dey, learned counsel appearing for the appellant – State of Karnataka, CBI, ACB, Bangalore in Criminal Appeal Nos.1872-1873 of 2014 at length today.

We do not agree with the reasoning given by Mr. P.K. Dey in these matters to set aside the impugned Order passed by the High Court on the ground that the sanction which has been given by the Authority was valid in law and the High Court has erroneously held that sanction granted by PW 1, the then A.G.M. was invalid. But it appears to us that no sanction was granted by the Board of Directors which ought to have been done under the provisions of Law. We have further seen that it is a fact that the respondents – herein who were Officers of the Insurance Company have already been dismissed from the service on account of the disciplinary action taken by the United India Insurance Company Ltd. We also keep on record that the General Insurance (Conduct, Discipline and Appeal) Rules, 1975 not even gazetted at any point of time and made applicable to the employees of the said Insurance Company.

In view of that, we do not find that there is any reason to interfere with the impugned Order so passed by the High Court in the matters.

Accordingly, both the matters i.e., Criminal Appeals filed by Reason: the appellant – State of Karnataka, C.B.I., A.C.B., Bangalore and Special Leave Petitions filed by the United India Insurance Company Limited have no merits and accordingly dismissed.

However, we only record that this Order dismissing the matters will not stand in the way of the respondents – accused to take any steps which are available to them in accordance with the provisions of Law.

......................J (PINAKI CHANDRA GHOSE) ......................J (R.K. AGRAWAL) NEW DELHI;

3RD NOVEMBER, 2015.

                                  -3-

ITEM NO.120                COURT NO.12                 SECTION IIB
                S U P R E M E C O U R T O F      I N D I A
                        RECORD OF PROCEEDINGS

              Criminal Appeal    No(s).   1872-1873/2014

STATE OF KARNATAKA CBI,ACB BANGALORE                  Appellant(s)
                                VERSUS
K.T. UTHAPPA & ANR.                                   Respondent(s)

WITH
SLP(Crl) No. 8630-8631/2012

(With appln.(s) for permission to file additional documents and appln.(s) for stay and Office Report) Date : 03/11/2015 These appeals were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. P.K. Dey, Adv.

Mr. Kumar Parimal, Adv. Mr. B. V. Balaram Das,Adv.

M/s. Dua Associates,Adv. For Respondent(s) Mr. S.K. Kulkarni, Adv. Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni,Adv.

Mr. G.M. Akbar Ali, Sr. Adv. Mr. V. Balaji, Adv.

Mr. Atul Sharma, Adv. Mr. C. Kannan, Adv.

Ms. Sripradha Krishnan, Adv. Mr. Rakesh K. Sharma,Adv.

M/s. Ap & J Chambers,Adv.

UPON hearing the counsel the Court made the following O R D E R The Criminal Appeals are dismissed in terms of the signed order.

Pending application(s), if any, are also disposed of.

    (VISHAL ANAND)                            (SNEH LATA SHARMA)
     COURT MASTER                                COURT MASTER

(Signed Order is placed on the file)