ABHA CHAWLA MOHANTY Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This Writ Petition under Article 226 of the Constitution of India takes exception to the Charge-sheet dated 8 th March, 2004 and Addendum to Charge-sheet dated 8 th November, 2004, as well as the Order of Penalty dated 18 th May, 2006 passed by the Competent Authority and the Order dated 28 th June, 2007 passed by the Appellate Authority. In substance, the challenge is to the action taken against the petitioner on the basis of the opinion recorded in the departmental proceedings initiated against the petitioner, which culminated in her removal from service. As a consequential relief, the petitioner prays for issuance of writ against the respondents, directing them to reinstate her with full back-wages and continuity of service with all incidental benefits with effect from 18 th May, 2006. In addition, the petitioner is praying for damages and compensation for personal loss caused to her due to unlawful dispossession of the petitioner and her family members from the official service quarters.

(2.) Briefly stated, the petitioner was appointed in the Divisional Office No. 4 of Oriental Insurance Co. Ltd. (hereinafter referred to as "the Company") in the month of October, 1985, upon being selected in the All India Examination for the Post of Assistant Administrative Officer. The petitioner was assigned to the Technical Department. When the departmental action against the petitioner was initiated pursuant to Articles of Charge framed against her dated 8 th March, 2004, she was working as Assistant Manager and was posted at M.C.D.O. VI. The Articles of Charge dated 8 th March, 2004 read thus:- <p><table class = tablestyle width="70%" border="0" align="center" cellpadding="1" cellspacing="1" style="font-family:Verdana"> <tr> <td><div align="center"> ARTICLES OF CHARGES FRAMED AGAINST </div></td> </tr> <tr> <td><div align="center">MRS. ABHA C. MOHANTY, ASST. MANAGER, MCDO 6</div></td> </tr> </table>

(3.) The said Articles of Charge were accompanied by Statement of Imputation of Misconduct / Misbehaviour in support thereof. The same reads thus:-