IMPORTANT JUDGMENT BY BOMBAY – BANK CAN NOT RECOVER ANY AMOUNT IF IT IS DUE TO BANK’s ERROR.
HIGH COURT OF BOMBAY (NAGPUR BENCH)
LD-VC-CW-665 OF 2020
Date of Reserving the Judgment: 13th August, 2020
Date of Pronouncing the Judgment: 20th August, 2020
14. The Bank is a trustee of the account of the pensioners, like the petitioner, and has no authority in the eyes of law to dispute the entitlement of the pension payable to the employees, other than those in the employment of the Bank. To tamper with such account and effect the recovery of pension without any authority, is nothing but a breach of trust of the petitioner by the Bank. We should not be understood to have said that even where there is technical error in calculation, other than of entitlement, is committed resulting in excess payment, the Bank cannot recover it. We have already held that no such case is made out here.