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HIGH COURT OF BOMBAY
G. S. Kulkarni, Aarti Sathe, JJ
Neha Nilesh Sawant – Appellant
Versus
National Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition challenges removal for prolonged unauthorized absenteeism. (Para 1 , 2) |
| 2. parties argue natural justice violation in disciplinary inquiry. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. impugned orders followed cda rules and due process. (Para 9 , 10 , 11) |
| 4. petitioner's precedents inapplicable due to factual distinctions. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 22 , 23 , 24 , 25 , 26) |
| 5. prolonged absence is gross misconduct warranting dismissal. (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT (PER AARTI SATHE, J.):-
1. This Petition under Article 226 of the Constitution of India is filed by the Petitioner challenging the departmental inquiry held against her pursuant to the Memo of Charges dated 29th March 2017, the order dated 10th January 2018 passed by the Regional Manager and Appointing Authority of Respondent No.1- National Insurance Company Limited, order dated 11th April 2018 passed by Respondent No.2-Deputy General Manager/Appellate Authority and the final order dated 6th February 2019 passed by Respondent No.3-Chairman-cum- Managing Director imposing penalty and removal from service with immediate effect from the service of Respondent No. 1 (hereinafter collec
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