- (1.) The petitioner, who was a Development Officer in the Chunar Branch, Varanasi Division Office of the Life Insurance Corporation of India (the Corporation), seeks the quashing of the order dated 31 August 2009 passed by the Senior Divisional Manager of the Corporation, Divisional Office Bhelpur, Varanasi by which the petitioner was dismissed from service in terms of Regulation 39(1)(g) of the L.I.C. of India (Staff) Regulations, 1960 (the Regulations). The petitioner has also sought the quashing of the orders dated 22 May 2010 and 2 December 2013 passed by the Zonal Manager and the Chairman of the Corporation respectively by which the Appeal and the Memorial filed by the petitioner were dismissed. A charge-sheet dated 18 June 2008 was served upon the petitioner which contained as many as four charges which are as follows: "1. That you on 20.7.2004, deposited at the cash counter of Chunar Branch Office, vide BOC No. 2822/Transaction No. 27852 a sum of Rs. 12439.00 (Twelve thousand four hundred and thirty nine only) through your cheque No. 276469 dated 20.7.2004 drawn on your savings bank account No. 01190112700 with State Bank of India Chunar. This cheque was tendered by you towards the first premium deposit against policy No. 283069438 on the life of Sri Shiv Kumar Gupta S/o. Sri Baij Nath Gupta introduced, recommended and completed under your organization submitted vide proposal No. 2510 dated 12.7.2004 through Sri Anil Kumar Singh Agent Code No. 111728C. The age proof submitted against this proposal has been personally certified by you. The cheque as referred above was tendered by you in lieu of the cash amount of Rs. 12439/- paid to you by the above named proposer Sri Shiv Kumar Gupta. Credit of this cheque was never received by Branch Office Chunar resulting in dishonour action against the cheque and consequent lapsation of policy No. 283069438. 2. That you on 20.7.2004 deposited at the cash counter of Chunar Branch Office, vide BOC No. 2823 and transaction No. 27853, a sum of Rs. 12682/- (Twelve thousand six hundred eighty two only) through cheque No. 276470 dated 20.7.2004 drawn on your savings bank account No. 01190112700 with State Bank of India Chunar. This cheque was tendered by you towards the first premium deposit against policy No. 283069439 on the life of Sri Shyam Lal S/o. Sri Baij Nath Gupta introduced, recommended and completed under your organization submitted vide proposal No. 2511 dated 12.7.2004 through Sri Anil Kumar Singh Agent Code No. 111728C. The age proof submitted against this proposal has been personally certified by you. The cheque as referred above was tendered by you in lieu of the cash amount of Rs. 12682.00 paid to you by the above named proposer Sri Shyam Lal. Credit of this cheque was never received by Branch Office Chunar resulting in dishonour action against the cheque and consequent lapsation of policy No. 283069439. 3. That the matter was brought to the knowledge of the CPIO Divisional Office, Varanasi through application dated 24.10.2007 and 2.10.2007 by the respective policy holders under Right to Information Act, 2005. The matter was got investigated, found correct and you were asked by the Branch Manager, Chunar under instructions of the Divisional Office, Varanasi to deposit the premium amounts under reference together with interest thereon vide letters dated 15.9.2007, 1.10.2007, 15.10.2007, 30.10.2007, 15.11.2007 and finally on 29.11.2007. Ultimately you deposited Rs. 12682/- on 29.9.2007 vide collection No. 426 against policy No. 283069439 and Rs. 12439/- on 4.12.2007 vide collection No. 615 against policy No. 283069438. Interest due against these amounts has not been deposited by you till date. You thus misappropriated the policy holders' and Corporation's money amounting to Rs. 12439.00 w.e.f. 20.7.2004 to 7.12.2007 and Rs. 12682.00 w.e.f. 20.7.2004 to 29.6.2007 and still hold the corporation's money due against you by way of interest for the period of misappropriation. 4. That you were asked to explain your conduct in the matter under reference vide Manager (P & IR) Divisional Office, Varanasi letter ref. vamaka/shikayat dated 8.1.2008 received by you on 25.1.2008. You were directed to submit your written explanation within 10 days of receipt of the letter but you deliberately did not bother to comply with the direction till date."
(2.) One V.B. Singh, Manager (P.S./S.S.S) in the Corporation was appointed as the Enquiry Officer. The petitioner submitted a reply to the charge-sheet. The petitioner appeared before the Enquiry Officer and Anil Kumar Singh, an agent, also appeared before the Enquiry Officer. The Enquiry Officer submitted a report dated 31 December 2008. All the four charges against the petitioner were found to be proved. A copy of the enquiry report was sent to the petitioner to furnish his comments. The petitioner submitted his reply. Thereafter, the order dated 31 August 2009 was passed by the Senior Divisional Manager dismissing the petitioner from service.
(3.) The submissions of the petitioner were not accepted by the Enquiry Officer for the following reasons which have been indicated in the order: "1(g) Both the respective policyholders of policy Nos. 283069438 and 283069439 respectively sought information under RTI Act 2005 claiming that they paid first premium amount against these policies in cash and when they approached Branch Office, Chunar to deposit their further premium then only they were informed about cheque dishonour against first premium. This is a sufficient ground to take cognizance of the illegal and unauthorised financial irregularities committed and proceed as per provision of relevant regulations in this case. 1(h) During Enquiry proceedings, Shri Pramod Kumar Singh has informed that the explanation to Mangaer (P & IR)'s letter dated 8.1.2008 was handed over by him to the then BM of BO-Chunar. Now his contention that none of the official was ready to make endorsement of his explanation is not acceptable. Shri Pramod Kumar Singh could have sent the copy of the explanation through Registered Post/Courier and produce the copy of acknowledgement. As already stated in details in the SCN Shri Pramod Kumar Singh failed to produce any acknowledgement from B.M., BO-Chunar in this respect as also there is no proof whatsoever of sending communication in this respect to Manager (P & IR) through post or courier. 1(n) During enquiry proceedings dated 11.11.2008 CSE himself declared that, "mujhe ab koi sawal jawab nahi karne hain our na hi koi dastawej prastut karna hai. Meri taraf se karyawahi purna ho chuki hai." 2. All the evidence mentioned in the provisional documents of charge-sheet dated 18.6.2008 issued to Shri Pramod Kumar Singh were handed over to CSE on 24.9.2008 during enquiry proceedings. CSE has accepted on 6.10.2008 that cheque No. 276469 and 276470 of SBI, Chunar had been issued from his own bank A/c. No. 01190112700 against first premium under Policy No. 283069439 and 283069438 favouring Shri Shyam Lal and Sri Shiv Kumar Gupta respectively without having adequate balance in the account to honour such cheques. 3. Had he intended to pay the interest and other expense in the interest of the organisation, he had sufficient opportunity for the same. But Shri Pramod Kumar Singh neither ever inclined to do so nor he ever acted to deposit the amount with LIC. 4 to 6. Copy of day to day enquiry proceedings were handed over to CSE under proper acknowledgement. His comments dated 28.11.2008 and 13.2.2009 respectively at various stages on Presenting Officer's/Enquiry Officer's report were asked and received by the competent authority. Hence it is not correct to say that neither entire proceedings were shown to him nor he was given an opportunity to give his statement. I am fully convinced that the enquiry was conducted in free and fair manner, principles of natural justice were strictly adhered to, CSE was given fullest opportunity to present his defence and cross-examine the presenting side and EO has conducted and submitted his report without any bias or prejudice whatsoever.";