ORIENTAL INSURANCE COMPANY LIMITED Vs. GOKULPRASAD MANIKLAL AGARWAL

JUDGEMENT

(1.) Delay condoned.

(2.) The respondent-Gokulprasad Maniklal Agarwal was working as an Assistant Administrative Officer with the appellant-Insurance Company. He challenged initiation of disciplinary proceedings against him by the appellant by filing Writ Petition No. 2128/84 in the High Court of Bombay. While the departmental proceedings were pending a promotion list for the Western Zone for promotion to the post of Administrative Officer was published by the appellant on 8-2-1988. The respondent's name appeared at serial No. 1 (sic). Instead of promoting him, by letter dated 22-2-1988, the respondent was informed by the appellant that as the disciplinary proceedings were pending against him his promotion to the rank of Administrative Officer has been kept in abeyance till the result of the enquiry.

(3.) The disciplinary proceedings ended with an order dated 19-11-1993 whereby the respondent was awarded penalty of reduction in basic pay by one stage in the time scale of pay on permanent basis. The respondent feeling aggrieved by the letter dated 22-2-1988 and the order of punishment dated 19-11-1993, amended the Writ Petition and challenged the said letter and order also. The High Court considered the punishment imposed upon the respondent as a minor penalty and held that imposition of such a minor penalty could not come in the way of promotion. Taking this view the High Court allowed the Writ Petition and quashed the letter/decision dated 22-2-1988.