VidhiSangh

Supreme Court of India · 19/01/2022

INDIAN OVERSEAS BANK & ORS. versus OM PRAKASH LAL SRIVASTAVA

[2022] 1 S.C.R. 246 · 2022 INSC 69

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Summary

The Industrial Tribunal upheld dismissal of a bank clerk-cashier after fresh evidence established misconduct, including misuse of his widowed sister-in-law’s money. The Court held that the High Court exceeded writ-review limits by insisting on handwriting-expert evidence and applying criminal-proof standards. The complainant’s clear testimony and supporting material sufficed on preponderance of probabilities, and evidence also supported the other charges. The Tribunal’s award was restored.

Issues

  1. Whether handwriting-expert evidence and criminal-proof standards were necessary to sustain the disciplinary findings.
  2. Whether the High Court properly interfered with the Tribunal’s findings and dismissal penalty.

Provisions considered

Held

Result

Bank’s appeal allowed; High Court judgment set aside and Tribunal’s award upholding dismissal restored; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 246.