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2021 Supreme(Del) 1511

YASHWANT VARMA
Devender Malhotra – Appellant
Versus
National Insurance Company Ltd. – Respondent


Advocates appeared:
Ciccu Mukhopadhaya, Advocate, Gautam Khazanchi, Advocate, Pradyuman Kaistha, Advocate, Omar Ahmad, Advocate, Manoj Ranjan Sinha, Advocate, Vivek Goyal, Advocate

JUDGMENT

Yashwant Varma, J. - This petition has been preferred seeking the following reliefs: -

    "(i) Issue a writ of certiorari to quash the impugned inquiry report dated 15.1.2010 and order dated 28.4.2010, 8.9.2010 and 10.10.2012 to the extent whereby the punishment of removal has been reduced to re-employment of Shri D.K.Malhotra and placing him in the initial basic of the scale of Administrative Officer with immediate effect and the period of removal from the service to re-employment shall be treated as period not spent on duty.

    (ii) Issue a writ of mandamus directing the respondents to treat the petitioner on continuous duty with no break in service with all consequential benefits."

    2. The petitioner assails the enquiry report dated 15th January, 2010, the order of removal dated 28th April, 2010 passed by the Disciplinary Authority, the order of 08th September, 2010 passed by the Appellate Authority affirming the principal order of removal and the order dated 10th October, 2012 passed by the Managing Director of the respondent on a memorial petition submitted by the petitioner. The Managing Director in terms of the order dated 10th October 2012 has modified the penalty of removal

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