HEMRAJ Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THE matter is called out from final hearing board. Heard finally.

(2.) THE petitioner has invoked Articles 226 and 227 of the Constitution of India and submitted to quash and set aside the concurrent disciplinary orders passed by Assistant General Manager, Disciplinary Authority dated 20/07/2004, General Manager and Appellate Authority dated 04/01/2005, ChairmancumManaging Director & Competent Authority dated 25/04/2006 and chargesheet dated 03/09/2002 thereby all the authorities after considering the material placed on record and after hearing the petitioner, awarded the punishment by holding that petitioner is guilty of improper supervision as a Branch Manager and therefore, imposed minimum punishment of stoppage of three increments in the basic pay.

(3.) THE learned counsel appearing for the petitioner has relied upon the Supreme Court judgment in the case of Narinder Mohan Arya v. United India Insurance Co.Ltd. reported in : AIR 2006, 1748 referring to the power and jurisdiction of appellate authority under the General Insurance Business (Nationalisation) Act. The facts of the case are distinct and distinguishable. As recorded above, the concurrent findings so given on merits cannot be stated to be without application of mind. Some charges were not proved that doesn't mean that charge which is proved, cannot be the reason to pass order of penalty so imposed in the present case. This judgment itself held that appellate authority's order may not be of speaking one if it agrees with findings of disciplinary authority after going even through the orders so passed, we have noted that the concerned authority applied its mind to the fact and instead of imposing major punishment, restricted the minor penalty as recorded above.