KAMLABEN Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) At this stage, learned advocate Mr.Dipak Dave appearing for the petitioner has submitted that if appropriate directions may be issued to the respondent authority for deciding the appeal filed by late husband of the petitioner on 21/12/2016, then her grievance would be taken care of.

(2.) Late husband of the petitioner was serving as a Deputy Manager at Regional Office, Ahmedabad under the respondent and after holding departmental proceedings, which were initiated vide memorandum dtd. 25/11/2014, the charges were held proved and he was imposed a penalty of punishment of withholding of over and above minimum pension eligible to his cadre for a period of five years in terms of Rule 47 of the General Insurance (Employees') Pension Scheme, 1995 and the amount of recovery of pecuniary loss caused to the Company was also ordered from all available amounts due to him. The aforesaid order was passed by exercising powers under Rule 25 of the UIIC (CDA) Rules, 2014 i.e. United India Insurance Company (Conduct, Discipline & Appeal) Rules, 2014 (for short "the Rules"). Late husband of the petitioner filed an appeal on 21/12/2016 after receipt of the order on 23/9/2016. However, he passed away on 4/2/2017 i.e. within a period of two months and the appeal remained undecided.

(3.) Learned advocate Mr.Dipak Dave appearing for the petitioner has submitted that merely because the husband of the petitioner had passed away, the respondents cannot contend that the appeal is abated and the same does not require any decision. He has submitted that vide communication dtd. 9/3/2017, the petitioner requested the Appellate Authority to decide the appeal so that her pension is restored and all other benefits are paid to her. It is submitted by him that the penalty order in fact was not implemented and only when the pension amount of the petitioner was reduced, she realized the same and accordingly, she made a representation to the Appellate Authority to decide the appeal filed by late husband of the petitioner.