SHIBA PRASAD DAS Vs. ORIENTAL INSURANCE CO

JUDGEMENT

(1.) THE petitioner is aggrieved by the penalty imposed on him pursuant to a departmental proceeding. According to the petitioner, the particular charge levelled against him having not been established in the enquiry proceeding, the Disciplinary authority could not have imposed the penalty, disagreeing with the findings recorded by the Enquiry Officer.

(2.) THE petitioner while was functioning as Branch Manager, Branch Office, Beltota, Guwahati under the respondent Insurance Company, was served with the charge sheet dated 15.01.2003 along with the statement of imputation of misconduct, list of documents and list of witnesses. THE charge was issued for major penalty proceeding under Rule 25 of General Insurance ( Conduct, Discipline and Appeal) Rules, 1975. THE charge was manipulation of particular insurance coverage to favour the claimant. According to the charge, the vehicle in question had already met with an accident, which did not have any insurance coverage, but the petitioner by way of manipulating the documents showed the vehicle to have been covered by insurance policy issued on the same date. THE insurance policy transaction was shown to have taken place on the same date prior to the accident. For a ready reference, the charge is quoted below:

(3.) ACCORDING to the petitioner, the particular cover note bearing No. 00963 had to be cancelled by shifting of the page as the unwanted figures and overwritings occurred. It was the stand of the petitioner that since the cover note itself was cancelled, the contents thereof could not have been placed reliance on by the Disciplinary Authority while framing the charge. The stand of the petitioner was that because of the mistake and overwriting in the cover note, the same was cancelled and abandoned and new cover note bearing No. 00964 which was the next page of the earlier cover note page was made use of. It was the further stand of the petitioner that the cover note No. 00964 was issued by him at 3: 45 P.M. of 10.10.1996 consequent upon deposition of insurance premium and that the accident took place at 4: P.M. on the same date. Since the vehicle stood insured with the Insurance Company and the accident occurred thereafter, there was no escape for the Insurance Company to pay compensation.