Central Bank Of India vs Smt. Sudershan Kapoor on 25 April, 2014
(iii) Bank of India Vs. Kamlakar Vishwambhar Joshi and Anr., 2001 II
LLJ 1463 in support of his contention.
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7 Our court in the case of Bank of India vs. Kamlakar
Vishwambhar Joshi8 considered a case where a departmental enquiry was
7 2015(1) Bom.C.R.561
8 2001(4) L.L.N.1286
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conducted against the delinquent employee specifically on the charge of
misconduct involving misappropriation of funds of the bank and an order
of dismissal was passed upon such charge being proved in a departmental
enquiry. After the matter was carried before the Industrial Tribunal in a
reference under the Industrial Disputes Act, the Tribunal affirmed the
finding that the charge was proved. The court struck down, on these facts,
the orders of the controlling authority and the appellate authority
impugned before it on the ground that the justification of dismissal from
service on account of damage or loss caused to the Petitioner being proved
before a domestic inquiry and the findings being confirmed by the
industrial tribunal in a reference, the guilt of the delinquent employee of
misappropriation and the amount of such misappropriation were
established and the order of forfeiture could not be found fault with.
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