AJAY PRASAD Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(JHAR)-2008-11-112
HIGH COURT OF JHARKHAND
Decided on November 20,2008

AJAY PRASAD Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents

JUDGEMENT

- (1.) .This writ petition has been preferred for issuance of an appropriate writ in the nature of certiorari to quash the order dated 29th March, 2007, passed by respondent no.3, whereby, the appeal preferred by the petitioner has been dismissed and the order of punishment dated 25th March, 2006, passed by respondent no.4, has been affirmed. Learned counsel for the petitioner submits that the impugned appellate order has never been challenged before this Court. However, it is submitted that previous writ petition being W.P.(S) No. 5870 of 2006 was dismissed as withdrawn by order dated 4.12.2006. It is submitted that on 3rd August, 2004 the petitioner was served with a charge sheet issued under the signature of respondent no.4, inter alia, on the allegation that while he was working as Assistant in New Business Department of Katrasgarh Branch, he arranged to lodge and raise a false death claim liability in the books of the Corporation on the life of Om Prakash Mondal, who was alive. He took initiative in processing the said death claim of Rs.1,11,260/ -on behalf of Smt. Draupadi Devi in connivance with Smt. Munna Devi and he illegally introduced his grandmother impersonating Draupadi Devi by opening an S/B Account with Gunduwa PACS Limited on 19.3.2002 and witnessed the withdrawal of Rs.50,000/ -out of Rs.1,11,260/ -and on detection he managed to deposit Rs.50,000/ -only in the name of Draupadi Devi in the said account. On the basis of such allegation, it was contended that the petitioner failed to maintain absolute integrity and devotion to his duty and violated the provisions of Regulations 21, 24 read with Regulation 39(1) of the LIC of India (Staff) Regulations, 1960. Pursuant to the order passed by this Court the petitioner was afforded full opportunity and each and every contention, including Section 46 of the LIC of India (Staff) Regulations, 1960 was considered by the appellate authority in the appeal. In view of concurrent finding of fact, based on evidence, this Court cannot interfere with the impugned order in a writ jurisdiction as an appellate authority to re -appreciate the same. Considering the facts and circumstances of the case, this writ petition being devoid of any merits is here by dismissed but without any order as to costs.;


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