- (1.) The petitioner, who was a Branch Manager of the United Insurance Company, Branch Office, Sikandarabad during the period 1995-96, had issued an insurance Covernote No. 543675 on 20 March 1996 for insuring a Vehicle bearing no. DL 1 P 7143 belonging to one Sri Chander Singh for the period 20 March 1996 to 19 March 1997. However, upon finding that a wrong rate of premium had been taken by him, he issued another cover note no. 543680 on that very date. For the first cover note no. 543675, he had not taken any premium and for the second covernote a cheque which was given by the insured had bounced. The vehicle which had been insured met with an accident on 20 April 1996 relating to which a claim was filed by the aggrieved party, wherein an award of Rs. 3,24,400/- was passed by the Motor Vehicle Accident Tribunal, Hapur, Ghaziabad(hereinafter referred to as the 'Claim Tribunal').
(2.) The employers issued a charge sheet to the petitioner on 18 October 2001 with a specific article of charge that because he had issued Covernote No. 543675 without taking any premium, he had brought a financial loss to the insurance company. The charges were replied to by the petitioner and an enquiry was held. On 2 September 2002 he was found guilty and was punished with penalty of "removal from service which would not be a disqualification for future employment". The petitioner filed an appeal which was dismissed on 20 November 2003. The Memorial was also rejected on 20 April 2005. This petition has been filed for quashing the aforesaid orders.
(3.) Learned Counsel for the petitioner submitted that in the written statement which the company had filed before the Claims Tribunal to contest the Claim Petition it had been stated that, Covernote No. 543675 was never issued by its office and relying upon the written statement. Learned Counsel for the petitioner submits that when the company itself had filed a written statement to the effect that no Covernote was issued then the petitioner should not have been proceeded against.;