K. KRISHNA MURTHY Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) THE petitioners are the employees of National Insurance Company Limited, 1st respondent herein. Disciplinary proceedings were initiated against them, by issuing a charge -sheet, dated 8.5.2008. The petitioners denied the allegations against them. Not being satisfied with the explanation, the disciplinary authority appointed the 3rd respondent as Enquiry Officer.

(2.) IN the course of domestic enquiry, the petitioners submitted a representation, dated 31.7.2008, with a prayer (a) to permit them to avail the services of Sri Y. Sudhakar Rao, Senior Assistant, Oriental Insurance Company Limited, Hyderabad, as Defence Assistant; and (b) to change the enquiry officer and appoint a retired officer in the place of the 3rd respondent. Through proceedings, dated 22.7.2008, the 3rd respondent turned down the request of the petitioners to avail the services of Sri Y. Sudhakar Rao. The petitioners feel aggrieved by the same and pray for the two -fold relief claimed by them, through their representation, dated 31.7.2008.

(3.) THE petitioners contend that they are entitled to avail the services of an employee of a separate organization as per the General Insurance (Conduct, Discipline and Appeal) Rules (for short 'the Rules') and there is no basis for the 3rd respondent in not acceding to their request. They further contend that the Rules, as amended from time to time, provide for appointment of a retired employee also, as enquiry officer and having regard to the nature of allegations against them, it is not at all safe to appoint an employee, who is in service, as enquiry officer.