SURJEET SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE petitioner who was employed as a Branch manager in the New India Assurance Company, respondent No. 1 herein, seeks a writ of certiorari under Article 226 of the Constitution of India for quashing the order of his dismissal from service dated 18th March, 1985 (Annexure A) passed by the General Manager of the Company, as well as, the order dated 29th July, 1985 (Annexure B) passed by the respondent No. 2 dismissing his departmental appeal.

(2.) AT the relevant time the petitioner was serving as Branch Manager in the new India Assurance Company, Bombay, the respondent No. 1, a nationalised company (hereinafter referred to as 'the respondent Company') and was posted at Itarsi. It appears that originally certain complaints were made to the Company against one Dr. R. K. Kaushik a Veterinary Surgeon, Bhopal. Dr. Sattarkar, veterinary Officer was deputed to investigate into those complaints. During the investigation of reports against Dr. Kaushik, a large number of complaints are said to have been received against the petitioner also which were also investigated and a report was submitted to the General Manager of the Company stating that the petitioner was involved in cattle claims in respect of non-living owners and non-existing cattle and trying to make money in settlement of claims. Thereafter P. R. Joshi, the Audit Officer of the respondent Company was deputed to make a preliminary enquiry into the alleged involvement of the petitioner in fraudulent cattle claims at the place of his posting at Itarsi. P. R. Joshi made preliminary enquiry against the petitioner and submitted his report dated 3-11-1980 stating that the petitioner was deeply involved in the malpractices alleged against him. After the receipt of report from P. R. Joshi, the vigilance Officer of the Company, H. C. Gupta was instructed to make further investigation in the alleged involvement of the petitioner in false and fraudulent cattle claims at Itarsi. H. C. Gupta therefore, further investigated into the matter and submitted his report dated 8-1-1982 (Annexure D-3) with the conclusions that a prima facie case was made out against the petitioner and there is substance in the various complaints received against the petitioner and that the petitioner was involved in manipulating alleged fraudulent cattle claims and other matters of malpractices. He, therefore, advised for a regular departmental enquiry.

(3.) IT was after the aforesaid preliminary enquiry and investigation that a formal charge sheet dated 2-9-1982 (Annexure D) was served on the petitioner and a regular departmental enquiry was held. In substance, the charges against the petitioner were that while functioning as Branch Manager of the Company at itarsi he failed to discharge his duty as a responsible officer; that he introduced and got appointed one C. S. Bindra as an agent at Itarsi who did not actually function as an agent; but the petitioner himself has been actively canvassing the business and directly or indirectly he has been operating the said Benami agency for bogus cattle insurance with mala fide and dishonest intention, for unlawful personal gains by booking or getting booked business in respect of cattle which were either not in existence and/or which were belonging to persons who were either not living or whose whereabouts were not known or whose bona fides as the owner and in whose name the insurance policy was obtained, were not genuine.