SIDDHESWAR MAJUMDAR Vs. SENIOR DIVISIONAL MANAGER

JUDGEMENT

(1.) The Petitioner, Siddheswar Majumdar, prays for an Order commanding upon the Respondents to withdraw the charge-sheet dated 22.12.2007 (Annexure P-3); the Enquiry Report dated 21.7.2008 (as contained in Annexure P-5) and restraining the authorities from passing any Order of Penalty as specified under Regulation 39(1)(a) to (g) of the L.I.C. Staff Regulations by either relying upon the said charge-sheet or the said Enquiry Report.

(2.) The short facts of the case are that the Petitioner, while working on the Post of a Peon in the Asansol Branch of the Life Insurance Corporation of India, was served with a notice dated 18.9.2007 informing him that a Complaint in the form of an F.I.R. had been lodged against him sometime in November, 2006 by one Samai Majhi before the learned Additional Chief Judicial Magistrate, Asansol under Sections 420, 120B of the Indian Penal Code and the case was pending.

(3.) In the said Complaint, Majhi had alleged that he had a Policy No. S/460029998 which had matured on 28.7.2004. The Policy showed particulars of a loan to the extent of Rs. 35.826/- which Majhi, however, never received and on investigation it was revealed that the Petitioner had unauthorizedly taken hand delivery of the loan Cheque on 3.10.2002 thereby defalcating the amount in question.