R.S.MEHTA, INSPECTOR GRADE I, NEW INDIA ASS.CO., LTD., THE MALL, SHIMLA (NOW DISMISSED) Vs. NEW INDIA ASSURANCE CO., LTD., BOMBAY

JUDGEMENT

(1.) The petitioner was an employee of the respondent -Insurance Company and was holding the post of Inspector at Solan at the material time/ A charge -sheet, dated May 25, I9i3 Annexure P -4, was served upon him for his alleged misconduct in respect of five matters covered thereby. The Inquiry Officer, who was appointed to hold the inquiry under the General Insurance (Conduct, Discipline and Appeal) Rules, 1975, submitted his report, dated December 31, 19 4, Annexure P -7, to the disciplinary authority exonerating the petitioner in respect of three heads of charges (2, 3 and 5), but holding him guilty in respect of the other two (1 and 4) and finding that the proof of those charges established that he was "acting in a manner prejudicial to the interest of the Company and commission of acts which amount to criminal offence involving moral turpitude". The disciplinary authority accepted the report of the Inquiry Officer and ordered the dismissal of the petitioner from service by an order passed on January 12, 1 85 Annexure P -8. An appeal preferred by the petitioner to the appellate authority failed and was dismissed on August 7, 1985, Annexure P -10. A memorial presented to the Chairman -cum -Managing Director was rejected on, May 22, 1986 vide Annexure P -12, with a modification as to the nature of penalty which was converted from dismissal into removal from service. Hence the present writ petition.

(2.) Although several grounds have been raised in the petition, only a few were urged at the preliminary hearing of the petition and these grounds only are being dealt with which were urged for consideration.

(3.) The first submission circuled round Charge No, 1 which reads as follows : "It was found that Mr, R. S. Mehta, was collecting motor salvage at Solan as per survey reports. Salvage collecting letters were sent by him to Chandigarh D. O. Motor Claim Deptt. previous salvage was sold for the period upto 31 -7 -1982. Salvage collect ed by him after 1 -8 -1982 to 3 -2 -1983 was not found in his possession when checked. During this period salvage collection letters were already sent by him to D. O. Chandigarh as a taken of salvage receipt. When salvage was physically checked with him on 3 2 -1983, no salvage was found in his possession." It was urged :