SATYA RANJAN DHAR Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(CAL)-1976-4-18
HIGH COURT OF CALCUTTA
Decided on April 09,1976

SATYA RANJAN DHAR Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents


Referred Judgements :-

COLLECTOR OF CUSTOMS V. HABIBUL HAGUE [REFERRED TO]
KARAM CHAND V. STATE OF BIHAR [REFERRED TO]
MEENA JANAH V. DY. DIRECTOR OF TOURISM [REFERRED TO]
MANAK LAL ADVOCATE VS. PREM CHAND SINGHVI [REFERRED TO]
STATE OF UTTAR PRADESH VS. MOHAMMAD NOOH [REFERRED TO]
TATA OIL MILLS COMPANY LIMITED VS. WORKMEN [REFERRED TO]
JANG BAHADUR SINGH VS. BAIJ NATH TIWARI [REFERRED TO]
S PARTHASARATHI VS. STATE OF ANDHRA PRADESH [REFERRED TO]
K T CHANDY VS. MANSA RAM ZADE [REFERRED TO]
COLLECTOR OF CUSTOMS CALCUTTA VS. BISWANATH MUKHERJEE [REFERRED TO]
RESERVE BANK OF INDIA VS. R N DUTT AND SONS [REFERRED TO]


JUDGEMENT

- (1.)THIS rule is directed against proceeding under Regulations 36 and 39 of the Life Insurance Corporation of India (Staff) Regulations 1960, dated 21st June 1974 and 10th April 1975 respectively. By the first order, the petitioner was suspended from his post of Development Officer and by the subsequent order, he was dismissed from the services of the Life Insurance corporation of India.
(2.)THE petitioner was originally appointed in the year 1935, as an Inspector under the erstwhile Hindusthan insurance Co-operative Society Limited, at a pay of Rs. 150/- per month. The said Society, in terms of the Life insurance Corporation of India Act, was taken over in the year 1955 and thereafter, pursuant to such taking over, he became the employee under the said Corporation. In September 1956, the petitioner was confirmed in the post of Inspector under the said corporation. Thereafter, in or about january 1958, the petitioner was promoted to the post of Development Officer and was posted in the Barrack pore branch Office of the said Corporation and at the material time, he was posted at Naihati Branch of the said Corporation and he was working as a Development Officer.
(3.)ON or about 21st June 1974, the petitioner was served with a Memo dated 21st June 1974 (Annexure A)whereby, he under orders issued by the officiating Senior Divisional Manager, of the said Corporation, Respondent no. 2, was placed under suspension with immediate effect and was directed to be on such suspension until further orders, on account of some disciplinary proceeding contemplated against him. It appears that during the pendency of the said disciplinary proceeding, the said Respondent No. 2, who initiated the same, also lodged a First information Report (Annexure B), to the Superintendent of Police, 24 Parganas, Ali-pore, for taking immediate steps. It appears from the said First information Report that on allegations made therein, the said Respondent No. 2 contended that a fraud was committed on the said Corporation, by the petitioner, to the extent of Rs. 26, 213. 88 p. In the said First Information Report, it has further been alleged that on receipt of an information from the naihati Branch Office of the said Corporation, it appeared, that although a death claim was paid in respect of Policy No. 32595324, the holder of the said Policy, Sri Nakul Chandra Dey, was alive and on investigation, it further appeared that the said Sri Dey requested the petitioner to get the term of his Policy changed from 25 years to 15 years and the petitioner, on the pretext of doing the needful, collected the original policy documents and the 1st premium receipt from the said Sri Dey and thereafter an intimation of death stating that the policy holder had died on 28th December 1973, purported to have signed by one Sm. Durga Rani Dey, wife of the policy holder and also nominee of the Policy in question, was filed in the office. It has also been stated in the said First information Report, that on the basis of the submissions as above, a death claim was duly registered in the books of the said Corporation and they were requested that the claim forms be issued to the said Sm. Dey, for completion and return, along with the official certificate of the death of the policy holder. Such claim was filed by the sm. Durga Rani Dey, which was duly attested by the petitioner and the said' form was also accompanied by the death certificate issued by the Halishahar Municipality in the prescribed form and under their seal. It has further been stated that on the representations as aforesaid about the proof of death and identity of the life assured, the claim was admitted, and accordingly, a form of discharge was issued by the said corporation and the same was taken delivery of from the office of the said corporation by the petitioner personally. It has been alleged, that meanwhile a letter changing the address of the nominee from her original address i. e. , c/o Durga Bhander, P. O. Kanchrapara to Jader Bux Lane, Kanchrapara, 24 parian's, was also received by the corporation and on receipt of the necessary form of discharge, a cheque was duly issued on 13th May 1974, which has also been duly encashed through the Current A/c No. 42382, maintained at the United Bank of India, Naihati branch, on 17th May 1974. It has further been stated in the said First Information Report, that the wife of the assured was contacted at 104, Spalding road, Kanchrapara, 24 Parganas, which was end is the original address of the deceased policy holder, and on such enquiry, it appeared that the said Sm. Dey was not aware of the happenings as mentioned above and furthermore, she affirmed that she did not put forward any claim in respect of the policy held by her husband. It has further been alleged that investigation was initiated at No. 1 Jader Bux Lane viz. , the subsequently changed address and it was found that the inhabitants of that house were none ether than the petitioner and the members of his family and nobody in the name of Sm. Durga Rani Dey was actually residing there. It has also been' alleged in thee said First Information Report, that the petitioner further obtained a fresh proposal of assurance form for Rs. 25,000- on the life of the said Nakul chandra Dey on 2nd February, 1974, and submitted the same with the recommendations and for acceptance and the said proposal was ultimately effected into policy bearing No. 32989730. It has been alleged that the petitioner was found to be involved in some other similar cases of fraud, for which necessary enquiries were in progress. In the said report, the said Respondent no. 2 has also further alleged that the petitioner was contemplating to leaves for Bangladesh, for the purpose of avoiding any police action and as such it was prayed that immediate steps be taken for investigating the matter. The petitioner has stated that after the filing of the said First Information Report, the matter has been referred to the Officer -in- charge, Bizpur P. St. District-24 Parganas and Bizpur P. St case No. 25 dated 23. 6. 74, under section 409120 B of the Indian Penal Code; has been started and such proceeding is pending. There is also no dispute that the petitioner was arrested by the bizpur Police in connection ' with the said case and was produced before the sub divisional Judicial Magistrate, barrack pore on 24th June 1974 and his prayer for bail was rejected pending a further investigation. The petitioner was of course enlarged on bail on 24th july, 1974.
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