JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

This Writ Appeal has been instituted challenging the order dated

19.01.2017 passed in W.P.(MD)No.16500 of 2013.

2.The appellants are the respondents in the Writ proceedings. The 1st respondent / employee instituted the Writ proceedings, challenging the order of removal from service imposed on him. The 1st respondent was initially appointed as Sub Staff in the Divisional Office-II, Madurai and disciplinary proceedings were initiated against the 1st respondent by framing the following charges:-

“Instance No.1 Claim No.013/2000/JAB/Policy No.48825/99 in the name of Shri. S.

Teslenic.

The above said Policy was issued in the name of Shri. S.

Teslenic, No.28, Lourdu Nagar West Main Road, K. Pudur, Madurai-7. As per the claim document, intimation letter is not available. The insured was issued with Discharge Summary and Treatment Bill for Rs. 3,200/- dt.25.03.99 in the cyclostyled bill of Kannan Sahaya Maruthuvamani by Dr. A. Chinnadurai who was a visiting Doctor of that hospital. The treatment expensed shows, Doctors fess of Rs.300 X 3 = 900/-: Bed charges Rs. 250X3 = 750/-; Medicines and Injection- Rs. 1,2501- and service charges Rs. 100 X 3 Rs.300/- totalling Rs. 3,200/-, The pharmacy cash bill of Ms. Meenakshi Medicals, Madha Koil Main Road, K. Pudur, Madurai for Rs. 866-30 and Rs. 292-40 are enclosed. Investigation revealed that the M/s. Meenakshi Medicals was functioning in the said address during 01.04.1995 to 06.11.1997. The Proprietor of the shop was one Shri. Jothibasu. On 06.11.1997 M/s. Meenakshi Medicals was sold to one Shri. R. Sreenivasan and he changed the name of the Shop as Bhuvana Medicals".

Investigation also revealed that Shri. S. Teslenic is an employe of Aavin and presently he is staying at NO. 792, Karpaga Nagar, Ill Street, K. Pudur, Madurai-7 along with his family. Shri. S. Teslenic was shown the Claim Docket file No. 013/2000/JAB/ and other connected papers. After perusing the same, he stated that he undergone treatment at Kannan Sahaya Maruthuvamanai, No.95/1, Alagar Koil Road, K. Pudur, Madurai. Investigation revealed that the Claim paper was filled and submitted by him and he stated that the signatures found in the claim form is of him. Intimation letter and Policy scheduled are not available in the claim docket. Investigation also revealed that Shri. D. Suresh is a distant relative of Shri. S.

Teslenic who has requested him to take a JAB Policy.

Accordingly, he gave Rs. 250/- or so for which no policy or any receipt was given to him. Investigation also revealed that Shri. S. Teslenic has not received any cheque from Oriental Insurance Co. Ltd. investigation also revealed that the signature available in the Original Cheque NO.121817 dt. 16.04.1999 for Rs. 5,000/- in his name is not of him and he has not received any amount towards the said claim. Investigation further revealed that the signature of Shri, S. Teslenic found in the cheque is in Tamil, normally he never used o sign in Tamil and disown the signatue found in the said cheque.

Investigation also revealed that as per the procedure, the claim form was processed by Shri. S. Vaidyanathan, Assistant of Oriental Insurance Company, Divisional Office-ll, Madurai whether all the documents viz. Discharge Summary Sheet, Case Sheet, Cash Bill/Treatment Bill, prescriptions, X-ray, Scan report and etc. are available along with the claim form and then only it would be forwarded to the Department Officer, i.e. (Assistant Divisional Manager) A-1 Smt. N. Santhanaletchumi for sanctioning the same. Accordingly, the claim papers were processed by Shri. S. Vaidyanathan and it was forwarded to Department Officer (A-1). Afterwards the claim forms and documents were forwarded to Accounts department for issuing the cheque. Accordingly cheque No. 121817 dt.16.04.1999 for Rs.5,000/- was isssued in favour of Shri. S. Teslenic drawn on 10B, North Vadambokki Street Branch, Madurai.

The signature of Shri. D. Suresh is