ALLAHABAD HIGH COURT
BEFORE : VIKRAM NATH AND DAYA SHANKAR TRIPATHI, JJ.
ANIL KUMAR SHARMA ....Petitioner
Versus
LIFE INSURANCE CORPORATION AND ANOTHER ....Respondents
(Civil Misc. Writ Petition No. 51033 of 2015, decided on 13th April, 2017)
Result; Petition Dismissed.
Hon’ble Daya Shankar Tripathi, J.—By means of this writ petition filed under Article 226 of the Constitution, prayer has been made to issue writ in the nature of certiorari quashing the punishment order dated 30.5.2014 passed by the Disciplinary Authority (Annexure 20 to the writ petition) and appellate order dated 13.1.2015 passed by the Appellate Authority (Annexure 22 to the writ petition).
2. Facts giving rise to this writ petition, in brief, are that the petitioner was initially appointed as Development Officer in Life Insurance Corporation of India (hereinafter referred to as ‘the Corporation’). Later on, he was promoted to the post of Administrative Officer and thereafter promoted to the post of Senior Administrative Officer at Dehradun. While working at Dehradun, he received communication dated 22.11.2012 sent by the Executive Director (Personnel) referring to a complaint of Principal, Mariampur High School, Kanpur, wherein it was alleged that the petitioner accepted bribe of Rs. 37,500/- from the said Institution, while being posted there and he was directed to submit his explanation regarding the same. Petitioner submitted his explanation on 30.11.2012 and annexed a communication dated 26.11.2012 of Principal of the said Institution mentioning therein that the complaint was lodged against the petitioner due to some misguidance, which is not pressed.
3. A charge-sheet dated 12.12.2012 was served to the petitioner, wherein two charges were levelled against him, which are reproduced below :
“Charge No. 1: That you demanded and accepted an amount of Rs. 37500/- as bribe from Sister Kripa, Principal, Mariampur High School, Kanpur against the first instalment of Rs. 150000/- released to the institution by the Corporation, of the sanctioned amount of Rs. 349275/- under LIC Golden Jubliee foundation for development of land as playground for indoor games and furniture of their school. Thus you have not only displayed lack of integrity but have also brought disrepute to the Corporation by your act.
Charge No. 2: That you have coerced the complainant to withdraw the complaint against you.”
4. Petitioner submitted his reply dated 27.12.2012, against the charge-sheet served upon him. Enquiry was conducted by the Enquiry Officer and Enquiry Officer submitted the enquiry report dated 17.5.2013 with finding that although there are circumstantial evidence against the petitioner, which leads to suspicion of having acceptance of bribe by the petitioner and withdrawal of complaint by Sister Kripa due to coercion, but there is no concrete evidence to establish the same. Relevant portion of the report is reproduced below :
“Though there are circumstantial evidence which leads to the suspicion of having acceptance of bribe by CSO, Shri A.K. Sharma and withdrawal of complaint by Sister Kripa due to coercion, but there is no concrete evidence/document to prove that Mr. Sharma had demanded and accepted the bribe of Rs. 37500/- from Sister Kripa, Principal of Mariampur High School, Kanpur and that Mr. Sharma has coerced the complainant to withdraw the complaint.
The charge No. 1 and 2 are not fully proved.”
5. Enquiry report was sent to the petitioner, against which he submitted his reply dated 14.6.2013. After considering the enquiry report and reply submitted by the petitioner, the Disciplinary Authority passed order dated 23.7.2013 and remitted the case back to Enquiry Officer for conducting the enquiry afresh. Same Enquiry Officer was appointed to conduct the enquiry and same Presenting Officer was directed to present the case. Enquiry Officer conducted the enquiry afresh and submitted his enquiry report dated 20.12.2013 with finding that both the charges levelled against the petitioner are proved.
6. Show-cause notice dated 1.3.2014 was served upon the petitioner alongwith the enquiry report dated 20.12.2013. Petitioner submitted his reply dated 11.4.2014 against the show-cause notice and enquiry report. After considering the enqu
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