S. Rafat Alam, J. - (1.) In the instant writ petition, the petitioner has prayed for quashing of the order of the General Manager dated 17.10.2001 imposing punishment of compulsory retirement of the petitioner from service and also for quashing the order of the Chairman-cum-Managing Director, dated 2.9.2002 dismissing his appeal against the above order.
(2.) The facts giving rise to the present writ petition, briefly stated, are that the petitioner while working as Manager of the Kanpur Regional Office in the New India Assurance Company Ltd., was found to have committed irregularities/misconduct in respect of approval of claims of the insured during the period 1996-1998. Accordingly, the General Manager, who was his disciplinary authority, decided to proceed against him departmentally. Consequently, the departmental proceeding was initiated vide office order dated 11.2.2000 and he was placed under suspension. The memo of charges alongwith list of documents relied upon by the disciplinary authority was accordingly served upon the petitioner, which are as under : "1. It is alleged that Sri S.M.I. Kazim, with ulterior motive and mala fide intention, approved and paid 2 survey fee bills submitted by M/s S.K. Ahuja & Associates, Kanpur as mentioned below : (i) Rs. 21,916/- paid on 18.11.1997. (ii) Rs. 59,130/- paid on 19.11.1997. These bills were pertaining to Patna RO and Shri S.M.I. Kazim, without any authorisation and in a most irregular manner and also without ascertaining full details of the relevant bills from Patna RO, gave his approval for payment. The bill submitted to Patna RO was showing an amount of Rs. 57,649/- whereas the bill Submitted to Kanpur RO showed the amount of Rs. 59,130/-, which was paid on 19.11.1997. Similarly, while Kanpur RO made a payment of Rs. 21,9167-on 18.11.1997 to M/s. S.K. Ahuja & Associates, the bill submitted to Patna RO shows altogether a different amount. In this case there was a joint survey and the survey fee bill of joint surveyor was settled for Rs. 6,743/-. Therefore, there is a difference in bill amounts in this case also. Shri S.M.I. Kazim has no locus-standi to settle the survey fees bills pertaining to Patna RO as the survey deputation was done by Patna RO and the bills should have been settled by Patna R.O. and/or its Divisional Offices only. M/s. S.K. Ahuja & Associates refunded a sum of Rs. 57,649/- in December 1998 against the actual payment of Rs. 59,130/- by Kanpur RO and the balance of Rs. 1,481 is still to be returned. By settling these 2 bills, without ascertaining full details from Patna RO, a loss of Rs. 23,397/ was caused to the Company by Shri S.M.I. Kazim." 2. It is alleged that Shri S.M.I. Kazim, with ulterior motive and malafide intention, settled a claim (old Consumer Forum Case No. 41/93-new Claim No. 47/98/24) under Fishery Policy No. 4742010200244, A/c. Shri Tausiful Hassan. This claim was initially repudiated by Kanpur DOI and the case filed before the Consumer Forum was pending. It was revealed that the documents submitted by the insured, Shri Tausiful Hassan were forged and bogus. Instead of taking effective defence before the Consumer Forum. Shri S.M.I. Kazim obtained a favourable legal opinion from Advocate, Shri Gopi Shyam Nigam, and settled the claim of Rs. 1,18,000/- thereby caused wrongful loss of equivalent amount to the Company.
(3.) It is alleged that Shri S.M.I. Kazim, with ulterior motive and malafide intention settled Claim No. 44/93/005 under Boiler Insurance Policy No. 4442170233001 A/c. M/s. Balarampur Chini Mills Ltd. for a sum of Rs. 3,84,450/- by appointing different surveyors in order to obtain a favourable survey report, totally ignoring the opinion given by the first surveyor, M/s. Premier Consultancy Services, who had stated that the claim does not fall under the purview of the Policy. The concerned claim file was examined by the Technical Deptt. Head Office who had obtained a technical expert's opinion, according to which the claim was not payable. The action of Shri S.M.I. Kazim resulted in a financial loss of Rs. 3,84,450/- to the Company.;