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SUDHIR KUMAR GUPTA

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CASE NO.:

Appeal (civil) 7645 of 2004

PETITIONER:

Narinder Mohan Arya

RESPONDENT:

United India Insurance Co.Ltd. & Ors

DATE OF JUDGMENT: 05/04/2006

BENCH:

S.B. Sinha & Dalveer Bhandari

JUDGMENT:

J U D G M E N T

S.B. Sinha, J.

The appellant herein was appointed as an Inspector by the first

respondent. He was at the material time posted at Hisar. He issued four

insurance cover notes in favour of one M/s Aman Singh Munshi Lal (firm)

on 21.10.1976. The payment in respect of all four cover notes was made by

one cheque. The three cover notes were issued against goods to be

transported through railways and one cover note for the goods to be

transported by road. The cover notes were despatched from Hisar to its

divisional office at Sirsa which were received on 23.10.1976. On

22.10.1976 bales of cotton despatched by the firm caught fire. The appellant

was on leave from 23.10.1976 to 30.10.1976. He was in Chandigarh on

23.10.1976. The said firm raised a claim in respect of the loss of goods

suffered by it in the said incident of fire.

However, in respect of the said incident a disciplinary proceeding was

initiated against the respondent on or about 11.1.1978 on an allegation of

antedating one insurance cover note for Rs. 1 lakh after the said fire broke

out on 22.10.1976 which is said to have been issued on 31.10.76. In the

departmental proceedings the Enquiry Officer found him guilty of the said

charge, whereupon he was removed from service by an order of the

Disciplinary Authority dated 24.7.79. No second show cause notice

however, was served upon him. He preferred a departmental appeal in terms

of Rule 37 of the General Insurance (Conduct, Discipline & Appeal) Rules ,

1975 (Rules). The said appeal was dismissed by an order dated 29.9.1980.

In the meanwhile, the ’firm’ filed a suit against the respondent herein

for recovery of the insured sum of Rs. 1,22,795.64. The appellant herein

was also impleaded as a party defendant therein. In the said suit, inter alia,

the following issues were framed :

"2. Whether valid contract of insurance was

entered into between the plaintiff and defendant

No. 1 through deft. No. 2?

3. Whether the contract of insurance entered into

between the plaintiff firm and defendant no. 1

through cover note No. 09643 dated 21.10.76 is

void ab-initio having been obtained in collusion

with defendant No. 2 after the destruction of the

goods through fire \005.."

On or about 7.10.1980 the trial court decreed the said suit for a sum

of Rs. 98,550.16 on a finding that the said cover note was not antedated. For

arriving at the said finding, reliance was placed on the opinion of the

handwriting expert.

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The first respondent herein being aggrieved by and dissatisfied with

the said judgment and decree dated 7.10.1980 passed in Suit No. 50/59 of

1978-79 preferred an appeal before the said High Court which was

dismissed by an order dated 4.10.1982. The matter was not carried further.

After delivery of the judgment by the civil court the appellant filed a

memorial bringing to the notice of the Chairman-cum-Managing Director of

the company thereabout, which was dismissed summarily stating:

"I have considered the Memorial dated 15.11.80

submitted by Shri N.M. Arya against the order

No. NRO: PER:80:3287 dated 29th September,

1980 of the Appellate Authority, rejecting his

appeal and confirming the penalty of removal from

service.

I have also considered the Enquiry

Proceedings and the relevant records.

I do not find any reason to interfere with the

order of the Appellate Authority and the

Competent Authority. The Memorial is rejected."

He filed a writ petition before the High Court of Punjab and Haryana

against the said orders which was marked as Civil Writ Petition No. 3232 of

1981. Th