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2023 Supreme(Jhk) 1455

S. N. PATHAK
Sanjay Kumar – Appellant
Versus
Chairman-cum-Managing Director, New India Assurance Co. Ltd. , Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kalyan Banerjee, Adv.
For the Respondents: Mr. Amresh Kumar, Adv.

Table of Content
1. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)

JUDGMENT :

(Hon'ble Dr. Justice S.N. Pathak, J.) :

Heard the parties.

2. Petitioner has approached this Court with a prayer for quashing the order dated 16.09.2009 passed by respondent No. 3, whereby punishment of reduction in the pay-scale of petitioner by one stage has been awarded and further direction was issued to recover 20% of the awarded amount plus interest from the petitioner.

Petitioner has further prayed for quashing the appellate order and memorial dated 20.09.2011 and 16.10.2012 respectively, by which the order of punishment has been affirmed.

3. The case of the petitioner lies in a narrow compass. The petitioner while working as Development Officer at Sindri Branch on 04.10.2000, without physical inspection of the vehicle bearing Reg. No. BR-17E-7155, accepted proposal form ignoring guidelines of the respondent-Company. As a consequence, a claim case was preferred by the legal heirs of the deceased who died in accident in which the respondent-Company was saddled with compensation amount of Rs.5,25,000/- by the Motor Vehicle Claim Tribunal. For the said misconduct and negligence towards duties, a preliminary enquiry wa

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