UNITED INDIA INSURANCE CO LTD Vs. RIAZ

JUDGEMENT

(1.) THE writ petitioner -respondent approached this Court challenging the order of removal passed by the disciplinary authority in a disciplinary proceeding and the order rejecting the appeal preferred by the petitioner -respondent against the said order of removal. By the judgment and order under appeal, the Writ Court interfered with the said orders and hence the present appeal by the appellant -employer.

(2.) THE disciplinary proceeding was initiated by issuing a charge sheet. The charge, as was framed, is as follows:

(3.) PETITIONER -respondent gave a reply to the charge sheet. There he contended that he did nothing wrong as his conscience was clear and he did not deceive the employer and has not done any fraud or dishonesty with the employer but accepted that he has committed a mistake by believing some human promise. It was stated that a vehicle met with an accident and the said vehicle was seized by the Police. When he was approached for help in releasing the vehicle from police custody, it was represented to him that police did not release the vehicle and were adamant to check the insurance papers thereof. He accepted that the vehicle was running without insurance but contended that he was overpowered to issue some insurance paper for the said vehicle for its release from police custody with a promise that the insurance papers would be returned after release of the vehicle. He stated that he did so for he needed business and he issued the insurance paper only for release of the vehicle from police custody. He also stated that he came to know about the misuse of the insurance acceptance issued to the vehicle without his consent. He stated that the same was done in breach of trust given and promise made to him. He lastly contended that he did not gain anything out of the said mishap and the same was a mistake on his part to believe in some human promise, but did not commit a sin.