K.K. SHARMA versus KULWANT SINGH AND ORS.

K.K. SHARMA versus KULWANT SINGH AND ORS.

As the appellant used the bank car for official purposes and the purchased furniture was for the Bank’s use, and no pecuniary loss was caused to the Bank, personal recovery from the appellant was not warranted; the surcharge order was rightly quashed.

Parties
Appellant: K.K. Sharma; Respondents: Kulwant Singh and Ors.
Jurisdiction
India
Judgment Date
25 April 1997
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed. Surcharge order quashed.
Legal Topics
Misuse of Bank Property, Surcharge Proceedings, Judicial Review of Administrative Decisions
Banking Law Co Operative Societies Misuse of Bank Property Surcharge Proceedings Judicial Review of Administrative Decisions

Case Brief

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Parties

K.K. Sharma

Appellant

Kulwant Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the appellant personally caused pecuniary loss to the Bank by alleged misuse of bank car and unauthorized purchase of furniture.
  2. 2 Whether the direction for personal recovery of costs from the appellant was warranted.

Ratio Decidendi

As the appellant used the bank car for official purposes and the purchased furniture was for the Bank’s use, and no pecuniary loss was caused to the Bank, personal recovery from the appellant was not warranted; the surcharge order was rightly quashed.

Court Disposition

Appeal allowed. Surcharge order quashed.

Orders

  • The direction for recovery of costs personally from the appellant is not warranted.
  • High Court’s order quashing the surcharge order is upheld.