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Ram Avtar v. The Divisional Manager New India Assurance Co. Ltd. & Ors. - WRIT - A No. 14071 of 2006 [2006] RD-AH 5613 (8 March 2006)


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Court No. 7

Civil Misc. Writ Petition No. 14071 of 2006

Ram Avtar                                                                                   Petitioner


The Divisional Manager,

the New India Assurance Co. Ltd.,

Noida and others                                                                         Respondents

Hon. Rakesh Tiwari, J.

Heard learned counsel for the parties and perused the record.

The petitioner has filed this writ petition challenging the validity of correctness of the impugned order dated 29.11.2005. By the aforesaid order the Disciplinary Authority in exercise of powers under Rule 30 (IV) of General Insurance (Conduct, Discipline and Appeal) Rules 1975 as amended from time to time, imposed the penalty of "Removal from Service which is not to be disqualification for future employment" as provided under Rule 23 (g) of the aforesaid Rules.

The facts of the case are that the petitioner Shri Ram Avtar, Senior Assistant proceeded on sanctioned leave from 23.9.98 to 30.11.98. After expiry of leave, he did not join his duties on 1,12,98. The then Divisional Manager, Noida informed the petitioner that he would be treated on unauthorized leave/absence w.e.f. 1.12.98 and, therefore, should join his duties immediately. Even after issuance of the said letter, the petitioner did not resume his duties and his whereabouts were not known.

It appears that an independent investigator was deputed by the New India Assurance Company Ltd., (hereinafter called the ''Company') for carrying out investigation regarding the whereabouts of the petitioner.  The investigator submitted his reports dated 4.10.2002 and 30.10.2002 that respondent was living some time in his house and sometimes with his relatives but had no intention to join the duties relying upon the letters of Shri Ganga Saran Verma, father-in-law of the petitioner, who confirmed that petitioner frequently came to meet his relatives but has not joined the duties.  Reliance was also placed upon the Company by letter dated 23.10.2002 from wife of the petitioner, Smt. Raj Rani also confirmed that her husband Ram Avtar, the petitioner occasionally came home at his own will, but did not join his duties. The company was also informed by Shri Sachendra Chandra, an Advocate and a neighbour of the petitioner that the petitioner occasionally came to his house but when he was asked to join his duties, he used to run away.

On receipt of the report, the company came to the conclusion that the petitioner Ram Avtar has abandoned his services, hence, after enquiry, which was ex parte due to non-participation of Shri Ram Avtar, in the circumstances narrated above, his services were dispensed with by the Disciplinary Authority.

This petition has been filed on the ground that after dismissal from the service, the petitioner came to join his duties with medical certificates and prescriptions of Medical Officer on 5.12.2005, but was not permitted to join. Aggrieved the petitioner has filed this petition for the following reliefs: -

"(i) to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 29.11.2005, Annexure no. 1 to this writ petition.

(ii) issue a writ order or direction, directing the respondent not to interfere in working of the petitioner and permit him to join his duty or pas such order as deem fit and proper."

It appears from the record that the petitioner has come up with the case that he had lost his mental balance and he was afraid of joining the duties and after he remained under the treatment of Dr. Vipul Tyagi for about 3 months, some improvement in his mental condition was shown. Hence he applied for joining his services with the company.

It is evident from the record that the petitioner did not join his duty for about 6 years. Nowhere it has come in the letters of his wife, his father-in-law and his neighbour referred to above that the petitioner had lost his mental balance. Admittedly the petitioner was going to his residence to meet his wife and children and was living with his relatives, but was not joining his duties. As such, it cannot be said that the petitioner had lost all his senses. After termination from service and on receipt of order of dismissal, he suddenly appears to have recuperated and insisted on joining vide representations dated 10.6.2005, 5.7.2005, 8.8.2005, 30.8.2005, 24.12.2005, 8.1.2006, 23.1.2006 and 30.1.2006.

The medical certificate, which has been issued on 8.6.2005  appended as Annexure-13 shows that the petitioner has absconded from his house for two years. It is noteworthy that the petitioner though filed the aforesaid representations, which incidentally are of the period when investigation was being got done by the company through Shri L.K. Tyagi private investigator who on the basis of the letter of the father-in-law and the wife of the petitioner written to the company found that the petitioner was not residing in his house even at that time and was not interested in joining his duties.

The representations of the petitioner appears to be motivated. The petitioner did not report for duty for more than six years. He did not undergo any medical treatment admittedly for about four years. The medical certificates submitted by the petitioner after termination of his service do not inspire any confidence. There is no reason why the petitioner did not undergo treatment for his mental disorder earlier. There is also no whisper of the fact in the letters dated 23.1.2002 and 23.10.2002 by his father-in-law and wife respectively that petitioner was suffering from mental disorder per contra the respondent repeatedly called him for duty and after receipt of report of Sri L.K. Tyagi came to conclusion that petitioner had abandoned his service.

On perusal of record and after hearing the parties at length and for the reasons stated above, I am also of the view that the petitioner had in fact abandoned his duties.

For the reasons stated above, the petition is dismissed.

No order as to costs.

Dated: 8.3.2006/T. Sinha.


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