SAJAL KUMAR BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Sajal Kumar Banerjee, the writ petitioner was a Development Officer in the Serampore branch office of the respondent insurance company, United India Insurance Company Ltd.

(2.) On 11th March, 2004 he was issued a document termed as a "memorandum". It was issued by the Manager and the Disciplinary Authority, Mr. S. Chakraborty.

(3.) It stated that Mr. Chakraborty proposed to hold an enquiry against him under Rule 25 of General Insurance (Conduct, Discipline and Appeal) Rules, 1975. He was accused of misconduct. The elements of misconduct were stated in the form of Articles of charge made as Annexure I to the document. He was given an opportunity of filing a written statement whether he admitted or denied any of the Articles of Charge. There were three charges against him, as follows. The first was that he was working as a Development Officer in the branch office at Serampore during the years 2000 and 2001. He had occasion to insure a Bajaj M-80 motor cycle. He delivered the copy of the cover-note No. 567818 on 26th June, 2000 and retained the blank original. He utilized this original to issue an insurance cover to a mini bus having registration no. WB-15-3628, belonging to Sm. Dipika Saha and collected a cash premium of Rs.5,200.80/- on 16th August, 2000. He did not deposit this cash premium and misappropriated it. On 16th August, 2000, at 22.30 hrs., this mini bus met with an accident resulting in the death of a third party. Furthermore, to cover the accident of the mini bus, the writ petitioner issued another cover-note no. 567964 with the date of issue as 16th August, 2000. The cover-note mentioned the time of insurance as 12 noon. He deposited the premium of Rs.5,043/- in the office on 17th August, 2000 at 2 p.m.