R RAMAN Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) PETITIONER seeks certiorarified mandamus to quash the order of the 2nd respondent dated 5.6.2007 and also the order of 1st respondent dated 27.9.2007 and direct the respondents to give arrears of pension with interest at the rate of 11% p.a. on Rs.7,09,535/-being the amount payable towards gratuity, leave encashment, commutation of pension, salary arrears and transportation charges for the delayed payment.

(2.) PETITIONER was functioning as Administrative Officer in the Divisional office - 111 in Mumbai. One Bhale Rao who was then working as senior Divisional Manager in the Divisional office III at Mumbai. PETITIONER retired from service on 30.9.1999. Payment of pension was ordered on 1.11.1999. While PETITIONER was working in the Divisional office III at Mumbai, PETITIONER and the said Bhale Rao have alleged to have committed misconduct and failed to protect the interest of the Company. In this regard, investigation was conducted and on 8.1.2002, a charge memo was issued to the PETITIONER in respect of the allegations. PETITIONER gave a detailed reply and Enquiry Officer was appointed and enquiry was conducted on various dates. As the charges against the petitioner and the superior officer Bhale Rao were interconnected, common proceedings were conducted against both of them.

(3.) RESISTING the Writ Petition, Respondents-Insurance Company filed counter contending that the misconduct committed by the Petitioner was in Mumbai while he was working in Mumbai office and the order of disciplinary authority emanated from Kolkata and the appeal was dismissed by the 1 st respondent by his proceedings from Kolkata and no part of cause of action arose within the territorial jurisdiction of Madras High Court warranting interference and on the short ground, the writ petition is liable to be dismissed. According to respondents very lenient view was taken as to the misconduct of the petitioner.