IMPORTANT POINT
Disciplinary inquiries must provide reasoned findings; failure to do so renders the inquiry invalid and the resulting penalties unsustainable.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. D. Choudhury, learned counsel, appearing on behalf of the petitioner. Also heard Mr. S. Dutta, learned counsel appearing on behalf of the respondent New India Assurance Co. Ltd.

2. The challenge in the present proceeding is to an order, dated 24.06.2013, issued by the Chief Regional Manager, New India Assurance Co. Ltd, imposing upon the petitioner, the penalty of removal from service on conclusion of the departmental proceeding instituted against him. The petitioner has also assailed the orders passed by the appellate authority and the reviewing authority upholding the penalty so imposed upon the petitioner.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

Basing on the allegations emerging against the petitioner of having committed a misconduct in discharge of his duties as a Development Officer while posted at Nalbari branch of New India Assurance Co. Ltd, the petitioner was vide order, dated 09.09.2010, placed under suspension. The said order of suspension was, however, revoked by the competent authority on 13.01.2012. Thereafter, the authorities of the New India Assurance Co. Ltd, issued to the petitioner a charge-sheet, dated 11.01.2012, levelling against him therein, 9(nine) allegations. The petitioner replied to the said charge-sheet so issued to him, vide his written statement, received by the authority of New India Assurance Co. Ltd on 20.07.2012.

Being not satisfied with the contentions so raised by the petitioner in his said written statement, the disciplinary authority proceeded to direct for holding of an inquiry into the allegations so levelled against him vide the charge-sheet, dated 11.01.2012. On conclusion of the inquiry in the matter, the Inquiry Officer submitted his Inquiry Report on 14.01.2013. The said Inquiry Report was communicated to the petitioner and accordingly, the petitioner, on perusal of the same, proceeded vide his communication, dated 05.03.2013, to submit a representation in the matter.

It is to be noted that in the said representation, the petitioner had raised an objection as regards the absence of any reasoning recorded by the Inquiry Officer for the conclusions reached by him with regard to the charges so framed against the petitioner, in the matter. The said Inquiry Report of the Inquiry Officer along with the representation so submitted by the petitioner, was taken up for consideration by the Chief Regional Manager-cum-disciplinary authority, New India Assurance Co. Ltd, and on such consideration, by agreeing with the Inquiry Report of the Inquiry Officer, proceeded vide order, dated 24.06.2013, to impose upon the petitioner, the penalty of removal from service from New India Assurance Co. Ltd..

The petitioner, thereafter, vide his appeal, dated 27.08.2013, approached the appellate authority, praying for interference of the penalty so imposed upon him. The appellate authority, vide order, dated 10.03.2014, proceeded to reject the appeal so preferred by the petitioner in the matter. Thereafter, the petitioner submitted a memorial in the matter before the Chairman-cum-Managing Director, New India Assurance Co. Ltd, on 06.08.2014, in accordance with the provisions of the New India Assurance Co. Ltd (Conduct, Discipline & Appeal) Rules, 2003. The said memorial was also rejected by the competent authority vide order, dated 21.07.2015.

4. Being aggrieved, the petitioner has instituted the present proceeding before this Court.

5. Mr. Choudhury, learned counsel for the petitioner, at the outset, has drawn the attention of this Court to the Inquiry Report available on record. It is submitted by the learned counsel that the Inquiry Officer had not drawn any finding basing on the evidence coming on record in the inquiry so held in the matter. It is further submitted by the learned counsel that th