Judicial Review of Disproportionate Removal from Service

In a recent legal case, the court conducted a thorough analysis of the punitive action of removal from service imposed on a long-serving officer. The court emphasized the importance of proportionate penalties in disciplinary proceedings. The judgment highlights the need for fairness and balance in administering disciplinary actions within the framework of the law.

Facts

The judgment and order passed by the learned Single Judge dismissing the writ petition was confirmed by the Division Bench.
The appellant, a delinquent officer with over twenty years of service and an unblemished record, was ordered to be removed from service.
The punishment of removal was deemed disproportionate to the charge and misconduct held.
The High Court dismissed the appeal against the penalty of removal from service.
The appellant challenged the order of removal before the learned Single Judge.
The appellant explained the circumstances under which he issued the first cover note, relying on the insured’s assurance to send the premium amount through his person.
Allegations against the appellant included failing to maintain integrity, devotion to duty, and acting in a manner prejudicial to the company’s interests.
Enquiry report accepted by the disciplinary authority revealed no premium collected for the first cover note and a bounced cheque for the second cover note.
A claim was filed for an accident based on the first insurance cover note, leading to a tribunal award of Rs.3,24,400 accepted by the Insurance Company.
The appellant was charged with causing financial loss to the company by issuing a cover note without collecting any premium.
Appellant’s defense was relying on long-standing relations with the insured and issuing the cover note based on assurance of payment.
The learned Single Judge dismissed the writ petition filed by the appellant.
The appellant served as the Branch Manager of the United Insurance Company during 1995-96.

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Analysis

The insured and the insurer company had a long-standing relationship with the insured being an old customer.
The appellant issued the first cover note based on the insured’s assurance to send the money.
The appellant failed to cancel the earlier cover note when issuing the second cover, causing a loss to the insurance company.
The appellant did not fail to maintain integrity, suggesting a lesser punishment than removal from service is appropriate.
The present Appeal Succeeds in Part, quashing and setting aside the impugned judgment and orders passed by the High Court.

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