DEEPAK AGGARWAL Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Shri Deepak Aggarwal, Ex. Development Officer, C.B.O.-III of the Oriental Insurance Company has given challenge to the Enquiry Report dated 24.7.1997 (Annexure P-18), order dated 26.9.1997 (Annexure P-24) vide which he was removed from service; order dated 13.2.1998 (Annexure P-28) rejecting his appeal Annexure P-15, filed by the petitioner and the order dated 4.6.1999 (Annexure P-33) passed by respondent No. 2 treating them as illegal, arbitrary and unjustified.

(2.) The petitioner was charge-sheeted and the gist of the charge-sheet runs as follows :

(3.) The enquiry report was given and Shri Deepak Aggarwal was found guilty of issuing Covernote No. 657541 on 24.3.1991 covering Bus No. CHW 8865 by making the coverage of risk effective from 22.3.1991 in back date. He was also found guilty of tampering/altering the dates on the previous Covernote Nos. 657536, 37 and 38 to adjust the Covernote No. 657541. He issued the Covernote No. 657541 without physical inspection of the vehicle. However, the charge of not obtaining a completed proposal form was not proved. It was also recommended by the Enquiry Officer that the company may consider the viability to proceed against Shri G.B.S. Kathuria and Shri Dalip Singh. The Enquiry Report was supplied to the petitioner with a show cause notice. He gave the reply to the show cause notice and finally the order of removal was passed. Appeal was filed which was dismissed. After losing the legal battle in the domestic proceedings, the present writ petition has been filed mainly on the ground that the impugned orders were passed without basis of any evidence and it is not proved in the departmental proceedings remotely that the covernote was antedated. The allegations of the petitioner were denied by the Company which tried to justify the finding of the Enquiry Officer as well as the Appellate Authority.