NATIONAL INSURANCE CO. LTD. Vs. C.K. SHAMANNA

JUDGEMENT

(1.) This writ appeal is filed by the National Insurance Company challenging the order of the writ Court whereby the punishment of reduction of basic pay by three stages permanently awarded against the respondent's

(2.) Brief facts of the case are that the writ petitioner/respondent herein (Sri. C. K. Shamanna) was an employee of the appellant/National Insurance Company Ltd. In the year 1999, when he was Senior Assistant in the Company, a charge-sheet was given to him on 20.12.1999, which was with regard to diversion of some insurance commission during the period 1996-1999 to the account of an Insurance agent. Four charges were framed against the employee. On enquiry, three charges were partially proved and one charge was found not proved. On the basis of the said enquiry report, vide order dated 18.1.2002 passed by the Disciplinary Authority, punishment of reduction of basic pay by three stages permanently was awarded. Challenging the said order, an appeal was preferred, which was dismissed on 23.8.2002. A memorial filed by the employee was also rejected on 7.12.2002. In the meantime, after 28 years of service, the employee sought voluntary retirement under the Voluntary Retirement Scheme of the Company, which was granted to him on 5.3.2004.

(3.) Challenging the order of punishment, which was confirmed in the appeal, the respondent/writ petitioner filed W.P.No.33602/2004, which has been partly allowed by order dated 28.3.2011 and the punishment of reduction of basic pay by three stages permanently has been reduced to reduction of basic pay by one stage permanently. Aggrieved by the said order, this intra-court appeal has been filed by the Company.