SRJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1563 OF 2009 Oguri Gangadhar .. Petitioner V/s. The Deputy General Manager (Disciplinary Authority), Andhra Bank Zonal Office, & Others .. Respondents. Mr. G.R.Baviskar, for he Petitioner. Ms. Kavita Anchan i/b. M.V.Kini & Co., for Respondent No.1. CORAM : F.I. REBELLO & R.V. MORE, JJ. DATED : JUNE 14, 2010 P. C.: 1. The charge against the Petitioner was that on 20th April,1999, one Mr. Beni Prasad purchased a demand draft from Andhra Bank, Rourkela Branch for Rs.32,000/- drawn in favour of ABCCD drawn on the S.C. Hyderabad, Andhra Bank, and wrote name of Mr. Mohan K. Jhunjunwala on the reverse thereof. The Petitioner herein who was the Officer and one of the signatories of the draft, struck off the name of the Credit Card Holder and SRJ 1 wrote his Credit Card No. 4539 9260 0414 1584 in his own hand writing at the back of the above draft. ABCCD credited the amount to the credit card account of the officer on 21.5.1999. 2. In the domestic enquiry, punishment by way of compulsory retirement was imposed on the Petitioner. Appeal preferred was dismissed. The contention before this Court as raised by the Petitioner is that the enquiry was initiated by the Deputy General Manager and not by the Assistant General Manager who is the appointing authority. The contention of the Respondent was that at the relevant time, the Assistant Manager was on leave and the Deputy General Manager was discharging the function of the Assistant General Manager. The order of punishment was imposed by the Deputy General Manager who is higher in rank then the Assistant Manager. 3. The question is whether on this account, an enquiry can be vitiated and can be treat as null and void. The Petitioner before the enquiry officer had not raised any such objection . Hence, Petition disposed of. (R.V. MORE,J.) (F.I. REBELLO,J.)