JITENDRANATH NAYER Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Rule in Writ Petition No. 303 of 2007. Respondents waive service. By consent, rule made returnable forthwith. Both sides agree that any order passed in this petition would cover writ petition No. 44 of 2002. That petition is also placed on board for hearing by consent of parties.

(2.) The first petition under Article 226 of the Constitution of India is directed against an order dated 18th August, 2006, a copy of which is annexed as annexure "I" (page 99) to the petition. By this order the respondents imposed upon the petitioner the penalty of "Removal from service" which shall not be disqualification for future employment". This penalty is imposed in terms of Rule 23(f) of General Insurance (Conduct, Discipline and Appeal) Rules, 1975. The consequence of the punishment, according to the respondents, is that the name of the petitioner is struck off from the roll of the company with immediate effect.

(3.) That the petitioner had earlier approached this Court by filing Writ Petition No. 44 of 2002 is not in dispute. Further, by order passed on 17th June, 2002 in that petition, interim relief was denied to the petitioner. However, the petition has been admitted by this Court.