Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the order dated 21.12.1999, Annexure P -15, passed by the Managing Director, Life Insurance Corporation of India (hereinafter to be referred as "the Corporation"), imposing the penalty of removal from service upon the petitioner; order dated 19.09.2000, Annexure P -17, whereby the appeal against the penalty of removal from service was dismissed and order dated 3.12.2005, Annexure P -20, whereby the representation of the petitioner to consider the quantum of punishment keeping in view 28 years of unblemished service put by the petitioner was declined.
(2.) THE petitioner was appointed as Development Officer with the respondent -Corporation on 28.12.1971. He was promoted as Assistant Branch Manager in September, 1985 and as Branch Manager in March, 1991. He was further promoted as Senior Branch Manager in May, 1996 and remained posted at Ludhiana. The grievance of the petitioner is that he was ordered to be transferred from Ludhiana to Chandigarh. He made a written representation dated 31.05.1997 for cancellation of his transfer and to adjust him at Ludhiana to look after his ailing wife who is stated to be suffering from arthritis. The petitioner also submitted an application for casual leave but the petitioner was not communicated any decision on his request for grant of casual leave or on his representation. It was on 30.04.1998, vide Annexure P -3, he was charge -sheeted on the ground that he has abstained from duty. The petitioner sought documents proposed to be relied upon by the prosecution from the Inquiry Officer as also from the punishing authority but the Inquiry Officer initiated ex parte proceedings against the petitioner. The Inquiry Officer submitted his ex parte inquiry report on 13.07.1999. On the basis of the said report, a show cause notice dated 31.08.1999 was served upon the petitioner. On the basis of the said show cause notice, order of punishment dated 21.12.1999, Annexure P -15, was passed. The appeal against the said order was dismissed. It has been alleged that the petitioner was transferred by Shri G.N. Bajpai, while working as Zonal Manager, from Ludhiana to Chandigarh when the petitioner was in a serious family problem. Shri Bajpai recommended disciplinary action against the petitioner and appeal was dismissed by Shri Bajpai while acting as Appellate Authority.
(3.) IT may be mentioned here that earlier petitioner filed Civil Writ Petition No. 4326 of 2001 against the order passed by the Punishing Authority and the Appellate Authority. The said writ petition was withdrawn on 15.12.2003 with liberty to approach the authorities for reconsideration on the quantum of punishment by taking into account his service of 28 years so that his claim for pension can be safeguarded. Consequently, on an application filed, liberty was given to the petitioner to challenge the order dated 3.12.2005 in appropriate proceedings and the withdrawal of writ petition will not stand in the way of the petitioner. That is how order dated 3.12.2005, Annexure P -20, is subject matter of challenge in the present petition.;