ALOK SINHA Vs. NEW INDIA ASSURANCE

JUDGEMENT

(1.) Petitioner is aggrieved of order dtd. 31/10/2007 passed by the Chief Regional Manager, Competent Authority of the New India Assurance Co. Ltd. inflicting penalty of removal from service which shall not be a disqualification for future employment on the petitioner-Mr. Alok Sinha. Petitioner's contention is that he had filed an appeal against the said order of removal which too has been rejected by the appellate authority.

(2.) Learned counsel for the petitioner submits that voluntary retirement scheme was introduced by the respondent-Insurance Company vide notification dtd. 2/1/2003 (AnnexureP/2). In terms of this policy, petitioner had applied for voluntary retirement on 28/02/2003. It is pointed out that voluntary retirement of only those persons was not to be accepted who were either under suspension or against whom disciplinary proceedings were pending or contemplated. It is submitted that there is a proviso to this condition that a case of Development Officer who is under suspension or against whom disciplinary proceeding is pending or contemplated shall be considered by the Board of Directors of the Company having regard of facts of each case.

(3.) It is submitted that as per Clause-5(4) of the General Conditions of the policy, a Development Officer shall not be eligible to withdraw the option once made for Special Voluntary Retirement Package. It is submitted that since petitioner had submitted his option for Special Voluntary Retirement Package, therefore, there was no justification to issue a charge sheet to him on 22/11/2005. Petitioner, awaiting the decision on his application for voluntary retirement, did not participate in the enquiry, as a result, Enquiry Officer had given his findings exparte which resulted in the impugned order dtd. 31/10/2007. When asked, learned counsel for the petitioner submits that he had not received any charge sheet.