ANIL KAPOOR Vs. CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:-

(2.) Briefly put, the case of the petitioner is as follows :- Petitioner is a Development Officer. He issued a cover note for vehicle bearing No. UA-08 7722 on 22.11.2002 for the period from 22.11.2002 to 21.11.2003 after its physical examination and tracing of chassis number. 22.11.2002 was Friday. Next working day was 25.11.2002 (Monday). According to the petitioner, the Branch Manager was on leave and as the Assistant Administrative Officer was the officiating In-charge of the Branch Manager, as such the premium was deposited at the cash counter of the Branch during the working hours and, consequently, the comprehensive insurance policy came into force. At 6:00 P.M. on 25.11.2002, the vehicle was involved in an accident. There was a claim which was refused and finally the District Consumer Forum allowed compensation of Rs. 4,50,000/- with interest at the rate of 12% per annum. There was a first appeal preferred before the State Commissioner and the amount was reduced to Rs. 1,83,805/- with interest at the rate of 7% per annum. There was a caution letter issued to the petitioner and disciplinary proceedings were taken against the petitioner. Three charges were levelled against the petitioner, which are as follows:-

(3.) The Inquiry Officer reported by finding that charge No. 1 stands proved; charge No.2 was found to be partly proved; likewise charge No. 3 was also found to be partly proved. The matter was carried in appeal by the petitioner. Since the appellate order is made much of by the petitioner's learned counsel, we extract the same.