V K JAIN Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, two orders, dated 18/10/2000 and 24/10/2001, issued by the first respondent (hereafter called the ?Company?) have been questioned.

(2.) It is the common case of parties that pursuant to a charge sheet issued, a departmental enquiry was instituted into an incident which is alleged to have occurred on 3/7/1997, the petitioner was asked to answer to the charges. An Enquiry Officer appointed for the purpose, after hearing the parties and considering the materials, submitted his report on 10.12.1999. The petitioner was suspended from the services and later, the disciplinary authority issued the penalty of censure.

(3.) The Enquiry Officer held that all the five charges were not proved. By the order dated 19/6/2000, the Manager of the Company, in exercise of his powers under Rule 25 of the General Insurance (CDA) Rules 1975, imposed the penalty of censure. The petitioner appealed against the order. His grievance was that the company should not have imposed any penalty, without giving him an opportunity as the Enquiry Officer had exonerated him. By the order dated 18/10/2000, the appeal was rejected and the subsequent memorial preferred by the petitioner, was also rejected by the Chairman-cum- Managing Director on 24/10/2001.