ORIENTAL INSURANCE COMPANY LTD Vs. BHAKTIMAN BHATTACHARJEE

JUDGEMENT

(1.) The point for determination in this intra-Court appeal lies in a narrow compass. We have heard Mr. S. Dutta, learned senior counsel representing the Oriental Insurance Company Limited. There is no representation on behalf of the sole respondent.

(2.) Facts emerging is that the respondent/writ petitioner was subjected to a departmental proceeding on 4(four) distinct charges as per Rule 25 of the General Insurance (Conduct, Discipline and Appeal) Rules, 1975 (hereinafter referred to as 'the Rules'). The allegations pertained to the period 1998-1999 when he had allegedly exposed the company to unwarranted liability by issuing a Policy with effect from 23.01998 instead of 20.04.1998 in order to bring an accident involving vehicle No. TR/01/1948 (Truck) within the purview of an Insurance Policy. The said departmental enquiry concluded with the report of the Enquiry Officer dated 13.12004 and the respondent/writ petitioner was not found guilty of committing misconduct. The charges so framed were held to be not proved. The disciplinary authority, however, differed with the findings of the Enquiry Officer and to that end issued notice to the respondent/writ petitioner on 21.04.2006 informing that the Enquiry Report was not acceptable to the disciplinary authority. Representation dated 18.05.2006 was made by the respondent/writ petitioner and eventually by order dated 16.087.2006 the disciplinary authority imposed the penalty of 'recovery of Rs.1,00,000/-' on the respondent/writ petitioner. Appeal and review petitions filed thereafter also stood dismissed.

(3.) Challenge to the impugned actions being made in WP(C) 5450/2009, the same was allowed primarily on two grounds, namely, that the disciplinary authority while disagreeing with the findings of the Enquiry Officer did not comply with sub-rule (2) of Rule 26 of the Rules and that the quantum of recovery was ordered without the disciplinary authority first arriving at a finding of any pecuniary loss suffered by the company. Aggrieved, the present appeal by the Insurance Company is laid.