- (1.) Heard learned counsel for the parties and perused the record. The petitioner was appointed as Apprentice Development Officer on 1.9.1996 in Life Insurance Corporation of India (for short 'the Corporation'). After completing probation period he was confirmed on the said post. While he was posted at District Branch Office, the Divisional Office of the Corporation issued a notice dated 17.4.2011 to the petitioner alleging fraud committed by him whereby the Corporation suffered a loss of Rs. 267248.20 paise. Explanation was submitted by the petitioner before the Senior Divisional Manager (LIC), Divisional Office Jiwan Prakash Sanjay Place Agra, stating that Sri Devendra Singh Indauliya who was also a agent in the LIC by taking undue advantage of the circumstances that he was working with the petitioner procured some blank cheque books of the petitioner without his knowledge committed the fraud and has implicated him in the said fraud.
(2.) The charge-sheet was served upon the petitioner for committing fraud worth Rs. 2,97,728.30 paise belonging to the corporation and tarnishing the image of the Corporation amongst the policy holders. Smt. Anjana Sharma, Manager (Karmik), Divisional Office, Agra was appointed as the Enquiry Officer who submitted her report of enquiry dated 5.10.2005. It is stated that an application dated 6.5.2005 alongwith affidavits of seven witnesses was also submitted by the petitioner who had denied any kind of involvement of the petitioner in the alleged fraud. The Disciplinary Authority on receipt of enquiry report issued show-cause notice dated 27.12.2005 to the petitioner as to why the petitioner may not be removed from service and recovery of pecuniary loss caused by him to the Bank. The petitioner appears to have submitted an explanation on 20.1.2006 before respondent No. 3 alleging that the enquiry report was arbitrary and that he and his witnesses had not been afforded an opportunity of hearing. The Disciplinary authority after considering reply of the petitioner and evidence on record also found the charges of fraud proved against the petitioner and by punishment order dated 20.2.2006 he was imposed penalty from removal of service as well as recovery of pecuniary loss of Rs. 2,97,728.30 paise caused to the LIC by him.
(3.) Aggrieved, the petitioner filed an appeal before the appellate authority i.e. respondent No. 2, Zonal Manager, LIC, North Central Zone Office, Jiwan Vikas 16/28, Mahatma Gandhi Marg, Kanpur which was also rejected by him vide his order dated 12.2.2007. Aggrieved the petitioner has come up in this writ petition praying the Court to : (i) Issue a writ, order or direction in the nature of certiorari to quash the impugned orders dated 12.2.2007 and 7.2.2006 (Annexures-2 and 3) passed by respondent Nos. 2 and 3 respectively; (ii) Issue a writ, order or direction in the nature of certiorari calling the records from respondents regarding the disciplinary proceedings under Regulation 39 of Regulations 1960 against the petitioner and, it being vitiated, may be quashed; (iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to discharge his duties on the post of Development Officer and to pay regular salary with arrears under the law from the date of punishment; (iv) Issue any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case; and (v) Award the cost of the writ petition.;