- (1.) THIS appeal has been preferred against the order dated 20.11.2008 passed in W.P.(S) No. 6977/2007* by which the learned Single Judge had been pleased to dismiss the writ petition on the ground that it was devoid of merit.
(2.) IT appears that the petitioner/appellant herein had filed: the writ petition challenging the order of his dismissal which had been passed by way of punishment after an enquiry was held against him in which he duly participated. The enquiry was conducted after issuance of a charge -sheet to the appellant wherein it was alleged that while he was working as an Assistant in the office of the Life Insurance Corporation of India, he arranged to lodge and raise a false death claim liability in the books of the Corporation on the life of one Om Prakash Mondal who was still alive and by doing so he assisted in realizing the death claim for a sum of Rs.1,11,260/ - on behalf of Smt. Draupadi Devi in connivance with another lady Smt.Munna Devi. In course of enquiry, it could be noticed, that the appellant was instrumental in gettirjg an S.B. Account opened and facilitated withdrawal of Rs. 50,000/ - out of Rs. 1,11,260/ - but on detection, he managed to deposit Rs. 50,000/ - only in the name of Draupadi Devi in the said Account. It was on the basis of this allegation that the appellant was held guilty of the charge and consequently, punishment was imposed on him removing him from service as he failed to maintain absolute integrity and devotion to his duty and thus, violated the Regulations 21, 24 read with Regulation 39 (1) of the Life Insurance Corporation of India (Staff) Regulations, 1960.
(3.) LEARNED counsel for the appellant assailed the order passed by the learned Single Judge only on the ground that certain documents were not supplied to him due to which the enquiry was vitiated and the findings recorded therein ought not to have been accepted as a conclusive proof.;