Supreme Court of India
Central Bank of India v. C. Bernard
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What the Court ordered
For the above reasons, we are of the opinion that the High Court was right in quashing the impugned order of punishment but we think having regard to the special facts and circumstances pointed out earlier, it should not have ordered payment of 'all consequential benefits' flow ing from the declaration that ·the impugned order was bad in law.
Judgment, page 10
From the headnote
Labour Law-Bank Employee-Chargesheet-Departmental Enquiry-Bank Official appointed as Enquiry Officer and Disciplinary uthority--'-Superannuation of Enquiry Officer-Continuance and con- e clusion of Enquiry after superannuation and imposition of punish ment-Held Enquiry Officer's order is incompetent and without juris diction-Absence of bias prejudice or ma/a [ides of the Enquiry Officer cannot cure the defect as to his competence~--De facto doctrine held inapplicable. The respondent, a bank employee, was chargesheeted for claim- ing L- - on the basis of fake travel receipts. The Bank
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