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2004 Supreme(All) 1912

MUKTESHWAR PRASAD, S.RAFAT ALAM
S. M. I. Kazim – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates Appeared:
A.B.SARAN, A.K.SINGH, AKHTAR HUSSAIN, Nitin Sharma, R.A.AKHTAR, Ravi Kant,

S. RAFAT ALAM, J.

( 1 ) IN the instant writ petition, the petitioner has prayed for quashing of the order of the General manager dated 17. 10. 2001 imposing punishment of compulsory retirement of the petitioner from service and also for quashing the order of the Chairman-cum-Managing Director, dated 2. 9. 2002 dismissing his appeal against the above order.

( 2 ) THE facts giving rise to the present writ petition, briefly stated, are that the petitioner while working as Manager of the Kanpur Regional Office in the New India Assurance Company Ltd. , was found to have committed irregularities/misconduct in respect of approval of claims of the insured during the period 1996-1998. Accordingly, the General Manager, who was his disciplinary authority, decided to proceed against him departmentally. Consequently, the departmental proceeding was initiated vide office order dated 11. 2. 2000 and he was placed under suspension. The memo of charges alongwith list of documents relied upon by the disciplinary authority was accordingly served upon the petitioner, which are as under :

"1. It is alleged that Sri S. M. I. Kazim, with ulterior motive and mala fide intention, approved and paid 2 survey






































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