TARAMOHAN CHOWDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) This rule is directed against an order of dismissal of the petitioner from the service of the Life Insurance Corporation of India by order dated 30th of March, 1970. As there was an Industrial Dispute pending before the National Industrial Tribunal, approval was sought for and granted by the National Industrial Tribunal on 26th of June, 1970. On 3rd August, 1968 a charge sheet was issued against the petitioner which is annexed as Annexure "A" to the petition which is as follow :

(2.) You being entrusted with the work of preparation of discharge voucher and also the payment voucher directed the cheque for Rs. 4,455.00 mentioned here in above under item No. 1 to be sent to the claimant Smt. Tara Rani Chakraborty c/o Sm. Sandhya Dutta, Bankimpalli, Plot No. 185, (near Sodepur Cotton Mills) P.O. Sodepur, Dt. 24 Parganas, although the address of the policy holder, as noted in the ledger was, 2 Sarat Dutta Lane, North Bantra, Howrah and there had been no change of address as such was noted in the ledger.

(3.) Mr. K.K. Maitra appearing for the petitioner contended that the charge -sheet itself will show that the Disciplinary Authority had a closed mind in respect of the charge and secondly, it is argued that the enquiry officer's finding is perverse and is based on presumption and conjecture and not on evidence on record and contrary to the evidence already adduced and no reasonable person can come to a finding as the enquiry officer found in this case.