SAJU S DOMINIC Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby setting aside the order dated 24.09.2015 passed by the Appellate Authority of respondent no.2 Corporation in appeal against the order dated 07.08.2015 issued by the disciplinary authority, respondent no.3.

(2.) The brief facts of the fact are that on 17.05.2014, an employee, Shri Ashok Gautam got admitted in M/s Max Balaji Medical Centre, Patparganj, Delhi at around 3:00 a.m. due to cardiac disease and underwent cardiac operation on an urgent basis due to the life threatening situation of said employee. Before admission, the employee had informed to the C&MD (Respondent no.6) who gave a telephonic approval for admission in Max Balaji Hospital, a non-empanelled hospital, being an emergency at 03.00 am. On 18.05.2014, the spouse of the employee requested for an advance of ?3.25 lakhs and request was considered and approved by the C&MD on recommendations of Director-HR (Respondent No. 3), the Director- Finance, GM-HR (the Petitioner herein). On 19.05.2014, the respondent No. 3, who was the then HR Director, now CMD since 01.10.2014 recommended the proposal on 19.05.2014 by endorsing "advance followed by reimbursement will be as per rules of the company". On 27.06.2014, the employee who was discharged by the hospital submitted his medical bills with a request to sanction the same mentioning the emergency situation in which he was rushed to a non-empanelled hospital. On 30.06.2014, the petitioner forwarded the bills to the medical consultant for "considering the case on merit and to do the needful." The medical consultant of the petitioner endorsed it as "we may process for relaxation please". The Admin. Department forwarded the bills to the Finance Department and the Finance Department bifurcated a sum of ?0.41 lakhs as admissible as per CCI medical rules and recommended for seeking special approval of ?3.75 lakhs and returned the bills back to Admin. Department on 04.07.2014.

(3.) It is the further case of the petitioner that on 07.07.2014 based on the recommendations of Finance Department, an inter departmental note was initiated by the Administration Department to approve the disallowed medical expenses of ?3.75 lakhs on humanitarian grounds. The DM Administration initiated and routed through Senior Manager (Marketing and Administration) GM-HR, Medical Consultant was submitted for approval of Director (HR). It was also put up to the petitioner (GM-HR) on 07.07.2014 who endorsed the same and forwarded to the medical consultant. The said consultant on 09.07.2014 forwarded it to CMD as Director-HR was on tour. Accordingly, the CMD (Respondent no.6 herein) exercised his discretionary powers under clause 4.3.9(ii) and allowed relaxation of disallowed amount, which he admitted in his counter affidavit.