LIFE INSURANCE CORPORATION OF INDIA Vs. MUKESH POONAMCHAND SHAH
LAWS(SC)-2020-2-79
SUPREME COURT OF INDIA
Decided on February 25,2020

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
Mukesh Poonamchand Shah Respondents


Referred Judgements :-

LT GOVERNOR,DELHI VS. HC NARINDER SINGH [REFERRED TO]
DEPUTY DIRECTOR OF COLLEGIATE EDUCATION ADMINISTRATION MADRAS VS. S NAGOOR MEERA [REFERRED TO]
K C SAREEN VS. C B I CHANDIGARH [REFERRED TO]
STATE OF HARYANA VS. BALWANT SINGH [REFERRED TO]


JUDGEMENT

DHANANJAYA Y CHANDRACHUD, J. - (1.)Leave granted.
(2.)The present appeal arises from a judgment of a Division Bench of the High Court of Gujarat dated 10 April 2018. The Division Bench, in a Letters Patent Appeal arising from an order of a learned Single Judge dated 11 July 2017, allowed the respondent, who had instituted proceedings under Article 226 of the Constitution, to respond to a notice to show cause issued by the appellant under Regulation 39(4) of the Life Insurance Corporation of India (Staff) Regulations 1960 "1960 Regulations" . However, the appellant was directed not to issue final orders during the pendency of the appeal filed by the respondent against his conviction for offences under the Prevention of Corruption Act 1988 "Prevention of Corruption Act" and the Indian Penal Code 1860 "Penal Code".
(3.)The respondent was appointed as a Probationary Development Officer by the appellant on 27 September 1990. His services were confirmed on 4 December 1991. On 16 February 1996, a charge-sheet was served on the respondent containing the following allegations:
"i. That, you introduced 2 proposal no.s 7377 and 7529 on the lives of Shri PS Vyas and Shri RP Mehta through the agency, which resulted in issuance of policy for sum assured of Rs 10,00,000/-;

ii. That, you certified as true a Fake School Leaving Certificate dated 13.07.1974 issued by the City High School, Raipur, Ahmedabad submitted the same as evidence of age along with the proposals for Life Insurance on the lives of the aforesaid Shri PS Vyas and Shri RP Mehta;

iii. That, you submitted a Moral Hazard Report dated 14.12.1990 in form No 3251recommending acceptance of the said proposals without making independent and discreet inquiries and without satisfying about the genuineness of the proposals as required to be done before the submission of the proposals;

iv. That, it has been revealed that the proposers Shri PS Vyas and Shri RP Mehta are non-existent persons."

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