PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 11:
In the instant LPA, appellants - Life Corporation of India have assailed the order of the learned Single Judge dated 16.09.2019, passed in C.W.J.C. No. 11313 of 2015.
2. Limited contention taken by the appellants is that it is a case of remand, having regard to the alleged charge which is in criminal in nature. Therefore, merely not adhering to certain principles of natural justice, the learned Single Judge has proceeded to set aside the penalty order. Matter should have been remanded to the disciplinary authority to take afresh action from the defective stage and complete within a reasonable period of time.
3. On the other hand, learned counsel for the respondent resisted the aforementioned contention and submitted that having regard to the nature of the allegation, it is not a case of remand.
4. Heard the learned counsel for the respective parties.
5. Perusal of the record, it is evident that the alleged allegation against the petitioner is relating to alleged fraudulent surrender of policy no. 534382539 favouring Smt. Gayatri Devi and took place on 30th of June, 2009 and it was within the knowledge of the respondent - Sri Yogendra Pandey in terms of the records. Therefore, it is a serious alleged allegation in so far as manipulation of L.I.C. records by the respondent - Sri Yogendra Pandey. In such circumstances Hon'ble Supreme Court in the case of Managing Director, ECIL V. B Karunakar, reported in (1993) 4 SCC 727, read with Chairman-cum-Managing Director, Coal India Limited & Ors. V. Ananta Saha and Others, reported in (2011) 5 SCC 142, paragraphs 47 to 50, held as under:
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyM4MyMyMDIwIzEjTg==-xyAcwyAjAy8=
Disclaimer: Curated by HT Syndication.
