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1999 Supreme(All) 1343

V.M.SAHAI
DIWAN SINGH – Appellant
Versus
LIC OF INDIA – Respondent


Advocates Appeared:
MANISH GOEL, MANOJ MISHRA, R.P.GOEL

V. M. SAHAI, J.

( 1 ) THE petitioner was posted as permanent cashier of Life Insurance Corporation of India, branch office, Bilaspur, district Rampur (in brief corporation ). On 5. 12. 90 a complaint was made by one shri Anil Kumar Gupta, an agent of policyholder No. 250261734 of one Shri Bhoj Raj Singh that he has not received the commission on the premium of Rs. 533 deposited on 13. 8. 90. The corporation appears to have made some inquiries and the petitioner was charge-sheeted on 29. 4. 91. Two charges were framed against him, one for temporary embezzlement of Rs. 533 realised from the policyholder on 13. 8. 90 but deposited on 28. 11. 90 and the second, inserting an entry in the carbon copy of fly sheet No. 008.

( 2 ) IN reply, it was not denied that receipt for Rs. 533 was made on 13. 8. 90 but since the policyholder was short of money, the receipt was not issued to him nor any entry in any other record was made. The petitioner stated that the entire amount was deposited by the policyholder on 28. 11. 90. He denied any overwriting in the carbon copy of Sheet No. 008.


( 3 ) THE petitioner examined the policyhoider, father of the agent and himself as witnesses. The policyholder














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