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TMI Blog1990 (10) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... usted later on his submitting the LFC Bill. He submitted a bill for ₹ 2,800 on May 5, 1978 along with a stamped cash receipt purported to have been issued by M/s. Shri Manju Travels of Bangalore and claimed reimbursement for the same. The said bill was passed by the bank on May 15, 1978 but subsequent investigations revealed that the firm of M/s. Shri Manju Travels was a spurious one which indulged in issuing fake travel receipts. Thereupon the respondent was served with a Memo dated August 1, 1978 by the Divisional office of the Bank calling for his explanation. A letter was also addressed on the same day to M/s. Shri Manju Travels, Bangalore requesting them to furnish the details of the persons who traveled and the amounts received by the said firm. No reply was received from the said firm but the respondent sent a reply on August 10, 1978 which was not found to be satisfactory. Some correspondence ensued between the respondent and the appellant in this connection but finally the respondent was served with the charge-sheet dated October 12, 1978 which was followed by a departmental enquiry. It is not necessary to go into the details in regard to proceedings at the departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40 of 1980 filed against the impugned order of discharge in the High Court. A learned Single judge of the High Court by his order dated January 18, 1988 came to the conclusion that on the retirement of Shri U.B. Menon 'he was nobody in the hierarchy of authorities' to impose punishment on the respondent and hence the order imposing punishment was clearly incompetent and without jurisdiction. The argument that since the impugned order of discharge got merged in the appellate order, the initial defect, if any, stood removed, was repelled by the learned Judge on the ground that 'as the original order was without jurisdiction or competence, there was nothing for the Appellate Authority to confirm'. The learned Single Judge, therefore, allowed the writ petition, quashed the impugned order of punishment and directed that the respondent be paid all consequential benefits. The appellant preferred a Letters Patent Appeal against the said order of the learned Single Judge. The Division Bench of the High Court which heard the appeal dismissed it by a one line order: 'no ground for interference is made out'. It is against this order that the appellant has approached thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is right when he contends that an Enquiry Officer need not be an officer of the bank; even a third party can be appointed as Enquiry Officer to enquire into the conduct of an employee. See: Saran Motors (P) Ltd. v. Vishwanath Anr., [1964] 2 LLJ 139. But there can be no doubt that a non-official cannot act as a Disciplinary Authority and pass an order of punishment against the delinquent-employee. It is for this reason that the learned Single Judge of the High Court observed that on retirement Shri U.B. Menon was nobody in the hierarchy of authorities to impose punishment on the delinquent. He therefore, held that the order of punishment was clearly incompetent and without jurisdiction. The learned counsel for the appellant submitted that since the initial appointment of Shri U.B. Menon was valid, his actions and decisions could not be invalidated by his subsequent retirement. According to him he continued to function as an Enquiry Officer de facto and hence his actions and decisions were saved. The de facto doctrine has two requisites, namely, (i) the possession of the office and the performance of the duties attached thereto, and (ii) colour of title, that is, apparent right to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... except by some direct proceeding instituted for the purpose by the State or by someone claiming the office de jure, or except when the person himself attempts to build up some right, or claim some privilege or benefit by reason of being the officer which he claims to be. In all other cases, the acts of an officer de facto are valid and effectual, while he is suffered to retain the office, as though he were an officer by right and the same legal consequences will flow from them for the protection of the public and of the third parties. This Court in Gokaraju Rangaraju v. State of A.P., [1981] 3 SCR 474=AIR 1981 SC 1473 was required to consider the question of the effect of the declaration of this Court holding the appointment of an Additional Sessions Judge invalid on judgments pronounced by him prior to such declaration. This Court observed that the defacto doctrine is rounded on good sense, sound policy and practical experience. It is aimed at the prevention of public and private mischief and the protection of public and private interest. It avoids endless confusion and needless chaos. It, therefore, seems clear to us that the de facto doctrine can be invoked in cases where there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d party nonofficial can validly be appointed an Enquiry Officer, though not Disciplinary Authority, his report upto the stage preceding the issuance of a second ,how-cause notice could be saved because both sides to the proceedings had not raised any objection to the continuance of the enquiry by the said Enquiry Officer and therefore the High Court ought to have remitted the matter to the competent Disciplinary Authority to take a fresh decision based on the report of the Enquiry Officer. To put it differently, according to the learned counsel for the appellant, the High Court should have remanded the matter with a direction that the competent Disciplinary Authority will proceed to dispose of the departmental enquiry from the stage of the report submitted by the Enquiry Officer. We would have considered it necessary to examine this submission had the delinquent not retired in the meantime on August 21, 1986. The High Court pronounced its Judgment thereafter on January 18, 1988. No useful purpose, therefore, can be served by adopting the procedure suggested by Shri Shetye as the respondent had admittedly retired from service in 1986 and if the order imposing punishment is quashed h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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