Subrata Talukdar, J. - (1.) Under challenge in this appeal is the order dated 25th September, 2013 passed in WP 7262(W) of 2011 (for short the writ petition) by the Ld. Trial Court, inter alia, directing as follows:- "In my judgment, when some material evidence, which would turn the course of the trial has been ignored by the adjudicating authority, it amounts to the decision being based on no evidence. The appraisal of the evidence actually made by the adjudicator is of no value, and does not produce a just result. In those circumstances, it also points to perversity of the decision or the decision making process. These are also grounds, recognised by the Supreme Court, in the above decisions, for interference by the Court with the enquiry proceedings. In my opinion, a re-adjudication is necessary by the appellate authority. In those circumstances, the order of the appellate authority dated 21st May, 2009 is set-aside and quashed. The appellate authority is directed to rehear the appeal and to make a fresh decision with reasons within three months of communication of this order. Such adjudication will be in accordance with the observations made above. In view of the observations made above the insurance company will be entitled to, if the case so deserves, impose any punishment except the punishment of dismissal or removal from service. This is because of the fault of the company in making payment under the self-same policy regarding which fraud of the writ petitioner is alleged. I however, till disposal of the appeal the writ petitioner will be deemed to remain suspended only. The writ application is disposed of accordingly."
(2.) Subsequently, stay of operation of the judgment and order was prayed for by Ld. Counsel for the Appellant/United India Insurance Company Ltd. (for short the Company). Stay was granted till the 12th of November, 2013 on the ground that since the order of dismissal was issued on 21st of May, 2009, therefore the Company had a right to prefer an appeal from the order of the Ld. Trial Court dated 25th September, 2013 .
(3.) Mr. Ranjay Dey, Ld. Counsel appearing for the Appellant/Company submits that the writ petition arises out of a Disciplinary Proceeding (for short DP) initiated against the present Respondent/Writ Petitioner vide chargesheet dated 11th of March, 2004. The Article of Charges I and II respectively read as follows:- "Article-I Sri Sajal Mukar Banerjee was working as Development Officer under BO, Serampore during the years 2000 and 2001. Whilst working as such, he signed and issued only copies of motor covernote no. 567818 on 26.6.2000 to cover a Bajaj M-80 Motorcycle and retained the original covernote with himself Sri Sajal Mumar Banerjee utilised the original of this covernote no. 567818 to issue cover to a Mini Bus bearing registration no. WB-15-3628 belonging to Smt. Dipika Saha and collected each premium of Rs. 5,200.80 on 16.8.2000. Sri Sajal Kumar Banerjee did not deposit each premium of Rs. 5,200.8. collected by him on account of original covernote no. 567818 issued to cover vehicle no. WB-15-3628 but misappropriated the same. It has come to light that the vehicle no. WB-15-3628 met with an accident on 16.8.2000 at about 22.30 hours resulting in the death of a third party. In order to canceal his act of misappropriation and also to grant cover to the vehicle no. WB-15-3628 for the period of accident, Sri Sajal Kumar Banerjee issued another covernote no. 567964 with the same date of issue as well period of cover as in covernote no. 567818 as per details given in Anneuxre II TR case under MACT 108/2001 and 109/2001 has been filed against the Company. An amount of Rs. 50, 000/- has already been paid towards NEL under 108/2001 and a potential TP liability of Rs. 2,00,000/- is being faced by the Company. Thus Sri Sajal Kumar Banerjee misappropriated Rs. 5,200.80 by issuing same covernote to cover tow different vehicles and tatepered with records by issuing another covernote to conceal his act of misappropriation and caused undue pecuniary loss of Rs. 50, 000/- and undue potential pecuniary loss of Rs. 2,00,000/- to the Company. Article-II : Whilst working as above, Sri Sajal Kumar Banerjee misappropriated Rs. 6,060/- by not depositing the cash premium collected by him against Motor Covernotes no. 5657804 and 567805 dated 17.04.2000 and 567808 and 567809 dated 24.5.2000 from various insureds as per details in AnnexureII. Thus Sri Sajal Kumar Banerjee misappropriated Rs. 6,060/- in order to confer undue pecuniary benefit to himself and caused corresponding undue pecuniary loss to the Company.";