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B-198194 1 (1980-07-28)

handle is hein.gao/gaobadilg0001 and id is 1 raw text is: 




                         THE COMPTROLLER GENERAL
DECISION\                OF  THE   UNITED STATES
                         WASHIN  I GTON,  D.C. 20548




FILE: B-198194                DATE:  July 28, 1980

MATTER  OF:  Civil Aeronautics Boa


DIGEST:                                           0      Id?

1.   Common carrier, which, without negligence and
     in good faith, honors Government transporta-
     tion request (GTR) regular on its face al-
     though fraudulent is entitled to payment for
     services rendered.

2.   Common carriershonoring GTR are required only
     to exercise due care to establish identity of
     traveler as party to whom GTR was issued.

     -The Comptroller of the Civil Aeronautics Board (CAB)
requests an advance decision concerning the propriety
of paying claims of various airlines for travel services
furnished pursuant to unauthorized and illegal use of
Government transportation requests (GTR).

     The report of the CAB shows that an employee of
the CAB, occupying the position of Voucher Examiner,
apparently misappropriated a large number of GTRs.
These GTRs were used by the employee for personal travel
or were given or sold to third parties for personal
travel mostly by several different airlines.  The CAB
has paid $6,134.74 in claims for airline travel on the
fraudulent GTRs.  The remaining claims aggregating
$32,113.60 are being held in abeyance pending the de-
cision of our Office.

     The CAB has requested a decision by the Comptroller
General answering the following questions:  First,
Have the carriers a claim against the Government for
services rendered pursuant to unauthorized GTRs?; and,
second, If not, does the Government have a claim against
the  carriers for $6,134.74 of charges paid on such un-
authorized GTR travel?

     Our Office has repeatedly held that a carrier,
which, in good faith and without negligence, has fur-
nished transportation on request or by other contrac-
tual arrangements, is entitled to payment, although.



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