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2022 Supreme(Guj) 770

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.J.Shastri, J.
Ashok Hiralal Parikh - Appellant
Vs.
Senior Divn Manager & Ors. - Respondent
Special Civil Application No. 5665 of 1995
Decided On : 26-08-2022

Advocates appeared:
Bhaskar Tanna, Yogi K.Gadhia, Advocates

Headnote:

Constitution of India, 1950 – Article 226 – Petitioner has prayed reliefs – Merely a lapse or irregularity – Background of facts, which has given rise to filing of present petition is that petitioner was appointed as an agent of respondent-Cooperation at Career Agent Branch way back – He was working at that Branch up to and in said year, petitioner was then appointed as Development Officer and was posted at. Last 3 years performance of petitioner as development officer was satisfactory and he was quite successful in achieving targets and securing business for respondent-Corporation – He has also earned three increments and incentives in cash for achieving such targets for securing business for respondent – Corporation – Held, Decision delivered by Hon'ble Apex Court last in line which is pressed into service deserves to be considered while arriving at a conclusion – Said decision is passed recently which is in case of M/s Indian Oil Corporation Ltd. versus reported in 2022 (4) SC 1. Here, Hon'ble Apex Court has at great length examined scope of judicial review in respect of departmental proceedings and quantum of punishment and as such, since this Court has considered same relevant observations deserves to be quoted – Dismissed.

JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for following reliefs:-

    "18.(a) quashing and setting aside the impugned order dated 26-07-93 (Annexure 'I');

(b) quashing and setting aside the impugned order dated 25-04-95 (Annexure 'L');

(c)granting such other and further reliefs, and passing such other and further orders, as the circumstances of the case may require;

(d) awarding the costs of this petition.

19. During the pendency and final disposal of this Special Civil Application, Your Lordships may be pleased to make an order:

(e) Directing the respondent - Corporation to consider with regard to the quantum of punishment imposed upon the petitioner and to modify suitably the penalty to a lesser penalty and further direct the respondent-Corporation to reinstate the petitioner in service as Development Officer."

2. The background of facts, which has given rise to filing of present petition is that petitioner was appointed as an agent of respondent-Cooperation at Career Agent Branch in Ahmedabad way back in 1983. He was working at that Branch up to the year 1989 and in the said year, the petitioner was then appointed as Development Officer and was posted at Kadi. Last 3 years performance of the petitioner as development officer was satisfactory and he was quite successful in achieving targets and securing the business for respondent-Corporation. He has also earned three increments and incentives in cash for achieving such targets for securing business for respondent - Corporation.

    2.1 The petitioner was then served with the charge-sheet on 20.12.1991 and such imputations of charges summarized as under:-

"1. That on 08.03.1991 you collected a blank cheque No.552373 dated 08.03.91 drawn on the Saranpur Co.Op.Bank, Ltd., Maskati Market, Ahmedabad from Shri Rajesh Lekhraj Chawla, B-13, Nirankar Society, Bhairavnath Road, Maninagar, Ahmedabad towards yearly premium due on 28.12.90 under Policy No.69157058 on the life of his son Kumar Honey. You were to a write the amount in the cheque and after calculating the interest for late payment. You collected the cheque though you are not authorized to collect renewal premium;

2. That you wrote the amount of Rs.2725/- on the cheque and struck off the Policy No.69157058 written by Shri R.L. Chawla on the reverse of above cheque and wrote another Policy No.830818495 and tendered the same to Kadi B.O. on 13.03.91 in payment yearly premium of Rs.2725/- due 15th March, 1991 under Policy No.830818495 on the life of Shri H.A. Panchal;

3. You also collected unauthorisedly cheque No.298 dtd. 04.02.90 for Rs.2725/- drawn on Bank of Baroda, Rakhial Branch from Shri Hasmukh A. Panchal, Life Assured under Policy No.830818495 in payment of yearly premium of Rs.2725/- due 15.03.91 thereunder. Instead of tendering this cheque in payment of the above referred premium you tendered it to Kadi Branch Office on 06.02.91 in payment of First Deposits under four proposals as per particulars stated below;

Sr. No.

Propl.

No.

Policy No.

BOC No.

Date

Amt.

Name of Policy Holder

1

8407

850412300

426260

06/02/91

311

MH Parmar

2

8454

850412333

426261

06/02/91

694

NG Makwana

3

8409

850445419

426259

06/02/91

874

MN Chauhan

4

8441

850412328

426258

06/02/91

846

BD Rajput

    That You have misused the Cheque No.298 dated 04.02.90 drawn on Bank of Baroda and Cheque No.552373 dated 08.03.91 drawn on the Sarangpur Co. Op. Bank Ltd. You have thus indulged in temporary misappropriation of moneys belonging to L.I.C.

By your aforesaid acts, you failed to maintain absolute integrity and devotion to duty, failed to serve the Corporation honestly and faithfully, acted in a manner detrimental to the interest of the Corporation and prejudicial to good conduct and thereby c

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