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2015 Supreme(Gau) 655

HRISHIKESH ROY
Pradip Phukan – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocate Appeared:
For the petitioner:Mr. J. Roy, Mr. S. Sarma, Mr. R. Hazarika, Ms. D. Deka, Advocates.
For the respondents:Mr. S.S. Sharma, Sr. Advocate., Mr. K.K. Bhatia, Mr. R.K. Bhatra, Advocates.

JUDGMENT :

Heard Mr. J. Roy, the learned Counsel appearing for the petitioner. The respondent United India Insurance Company and their officers are represented by the learned Senior Counsel Mr. S.S. Sharma.

2. While serving as the Development Officer in the Tezpur office of the Insurance Company, the petitioner remained absent for 237 days from 16.9.2004 to 15.1.2006 and accordingly disciplinary proceeding was drawn up against him on 5.1.2006, through the Charge Memo dated 5.1.2006 (Annexure-VI), where it was alleged that the petitioner has committed misconduct under Rule 4(5), (7), (8), (17) & (20) of the General Insurance (Conduct, Discipline and Appeal) Rules, 1975 (hereinafter referred to as “the Discipline Rules”).

3. A Statement of Imputation of Misconduct was enclosed to the Charge Memo and the same being relevant is extracted herein-below for ready reference :

“Annexure-II

STATEMENT OF IMPUTATION OF MISCONDUCT IN SUPPORT OF

ARTICLE CHARGE

Shri Pradip Kumar Phukan, Emp. No.23704, DO Tezpur, has been working as development Officer (Administration), in Divisional Office, Tezpur ever since his conversion from Development Officer to Development Officer (Administration) with effect f















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