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TASHI RABSTAN
Mushtaq Ahmad Para (deceased) through LRs. – Appellant
Versus
National Insurance Company Limited – Respondent
JUDGEMENT
1. Chief Regional Manager, National Insurance Company Limited, vide Order dated 1st October 2010 (Annexure A to writ petition), has imposed penalty upon petitioner by “removal of service which shall not be disqualification for future employment”. Right to appeal was, however, given to the petitioner.
2. Petitioner preferred an Appeal against the order dated 1st October 2010. Appellate Authority (Deputy General Manager, National Insurance Company Limited, Chandigarh Regional Office-1), has, vide Order dated 28th February 2011, rejected the petitioner’s appeal and confirmed the penalty imposed on him.
3. Aggrieved of the aforementioned Orders, the petitioner has knocked at portals of this Court with the writ petition on hand, seeking its quashment. He also prays to direct the respondents to reinstate him and give him all the consequential benefits.
4. Reply/counter was filed by the respondents. Thereafter rejoinder was filed by the petitioner.
5. During pendency of this writ petition, it was brought to the notice of this Court that the petitioner has passed away on 8th June 2020. His legal heirs, thus, came up with an application, bearing CM no.1720/2021. A Bench of this Court v
The court emphasized that a departmental inquiry must be conducted fairly and impartially, and findings cannot stand if the inquiry officer is biased or involved as a witness.
The main legal point established in the judgment is that the recovery of dues from a retired employee and the continuation of a departmental enquiry after retirement must be in accordance with the ap....
The judgment establishes the limited scope of judicial review in disciplinary inquiries, emphasizing the need for compliance with natural justice and the distinction between criminal trials and disci....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
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