Heard learned counsel for the petitioner as well as learned counsel for the State.

2. The petitioner is an employee of National Insurance Company Limited (herein after referred to as “the NIC”) and in the year 2000 he was working in Dehri-on-Sone Branch under Gaya Divisional office as Development Officer, Grade-II. He was departmentally proceeded for certain acts of omission and commission committed during his posting at Dehri-On-Sone. Charges were framed on 11.01.2001 and were as follows:

“On 03.04.2000 at about 2.00-2.30P.M. in the office premises of Dehri-on-Sone Branch, National Insurance Company Ltd. following a dispute arising out of a controversy over the premium rate of Mediclaim Policy, Shri P. Kumar, Dev. Officer, Grade II, Dehri-on-Sone Branch, National Insurance Co. Ltd., tried to forcibly use the office telephone in the Chamber of Sri G. B. Singh, Branch Manager, Dehri-on-Sone Branch and physically assaulted, misbehaved and manhandled Sri Singh in the office premises. Therefore, the act of Sri Kumar in spoiling the decorum of the office, disturbing office work and engaging himself in the indecent, disorderly and riotous behaviour in the office premises is tanta