IMPORTANT POINT
Unexplained delay in initiating departmental enquiry causes prejudice to the employee and can lead to the setting aside of the order of guilt.

ORDER ON BOARD :

Sanjay K. Agrawal, J.

1. Invoking writ jurisdiction of this Court under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, the appellant herein/writ petitioner has preferred this appeal calling in question legality, validity and correctness of the order dated 28-11-2019 passed by the learned Single Judge in W.P.(S)No.3262/2009 by which his writ petition filed questioning the order of the second appellate authority partly modifying the order of the disciplinary authority and sustaining the award of penalty to the extent from reduction of four stages on basic pay in the time scale of pay to reduction in basic pay by one stage in the time scale of pay, has been dismissed finding no merit and declined to interfere with the order of the disciplinary authority as modified by the appellate authority.

Relevant facts in brief: -

2. The writ petitioner/appellant herein at relevant point of time on 7-7-1994 was working as Development Officer in the respondent Company i.e. the Oriental Insurance Company Limited (OICL) and posted at Manendragarh Branch Office (now District Korea) and he issued a motor vehicle cover note bearing No.665581 putting time as 11.30 a.m. on 7-7-1994 granting “Act Only Insurance cover” to a Tractor bearing registration No.CPL-7065 & Trolley No.CPL-6115 belonging to one Shri Kadeem Akhtar Khan for the period commencing from 7-7-1994 to 6-7-1995. Unfortunately, the said vehicle met with a vehicular accident on the same day i.e. 7-7-1994 at 4 p.m. making the Insurance Company liable for payment of compensation which was subject-matter of Motor Accident Claim Case No.13/1994 vide award dated 12-5-2000 passed by the Additional Motor Accident Claims Tribunal, Manendragarh fastening liability on the Insurance Company to pay an amount of Rs. 1,28,640/- along with interest which the Insurance Company OICL ultimately decided to satisfy and satisfied the said award without any protest or demur or without even questioning the award before this Court in a duly constituted appeal under Section 173 of the Motor Vehicles Act, 1988. Thereafter, the respondent OICL after lapse of 11 years from the date of issuance of cover note, on 12-7-2005, vide Annexure P-6 of the writ petition, instituted a departmental enquiry against the petitioner and issued Articles of Charge & Statement of Imputation accompanied with List of Documents & List of Witnesses proposing to hold departmental enquiry against him under Rule 25 of the General Insurance (Conduct, Discipline and Appeal) Rules, 1975 and directed him to submit written submission of defence within 15 days to which the petitioner submitted detailed reply on 6-7-2006 denying the charges framed against him and also stated that the cover note was issued in accordance with the provisions of the Motor Vehicles Act, 1988 and no inspection was necessary to cover third party liability or Act Only Risk. However, on 12-12-2005, vide Annexure P-10 of the writ petition, the petitioner had requested the presenting officer to provide all the documents including copy of cover note allegedly issued by him which the Branch Manager of the respondent Insurance Company, on 11-10-2005 informed the petitioner vide Annexure P-11 of the writ petition, that the cover note is not available in the city office, therefore, same will not be provided and as such, the copy of relevant document i.e. cover note could not be provided to the petitioner and disciplinary proceeding proceeded without providing alleged cover note to the writ petitioner.

3. The Enquiry Officer after hearing the writ petitioner and the OICL concluded that the allegation of antedating and antetiming of the cover note could not be proved by the OICL and also it could not be proved by the investigation report of A.L. Chourasia – Investigating Officer, however, it was held that part of charges relating to issuance of cover note without pre-inspection of vehicle and without ascertaining previous insurance, wa