Patna High Court - Orders
Govind Prakash Verma vs Life Insurance Corporation Of India on 21 August, 2020
Author: Anil Kumar Upadhyay
Bench: Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7065 of 2020
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Govind Prakash Verma Son of Late Dhirendra Nath Verma, Residing at L.N.
Nagar, Lane NO.07, Mithanpura, Bela, P.S. Bela, District/Town-Muzaffarpur-
843116. ... ... Petitioner/s
Versus
1. Life Insurance Corporation of India through its Chairman, Yogassheme,
Central Office, Jeevan Bima Marg, Mumbai-400021.
2. Senior Divisional Manager (Disciplinary Authorities), Divisional Office,
Jeevan Prakash, Uma Shankar Prasad Marg, Muzaffarpur-842002.
3. Manager (P and IR Depatt.), Divisional Office, Jeevan Prakash, Uma
Shankar Prasad Marg, Muzaffarpur-842002.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prakash Kumar, Advocate
For the LIC : Mr. Abhimannu Vatsa, Advocate
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
3 21-08-2020Heard Mr. Prakash Kumar, learned counsel appearing on behalf of the petitioner and Mr. Abhimannu Vatsa for the Life Corporation of India.
The petitioner has challenged the order dated 31.3.2020, as contained in Annexure-5 and the consequential order dated 2.6.2020 as contained in Annexure-6/1 transferring the petitioner from Muzaffarpur Divisional Office to Branch Office at Raxaul.
Learned counsel for the petitioner submits that the petitioner was posted at Motihari Branch. He was proceeded against by issuance of charge sheet dated 20.6.2019, enquiry was held and thereafter the petitioner submitted his explanation to the enquiry report. The disciplinary authority, respondent No. Patna High Court CWJC No.7065 of 2020(3) dt.21-08-2020 2/2 2 issued show cause notice with proposed punishment of decrements at 2 stages and transfer under the Regulation 39(d) of the LIC of India Staff Regulation. The petitioner submitted reply to the show cause and the disciplinary authority waived the proposed penalty of decrements of two stages and imposed censure and penalty of transfer. The petitioner thereafter preferred appeal which was rejected on 02.06.2020.
On instruction Mr. Abhimannu Vatsa, learned counsel for the LIC submits that, in fact, the order of transfer was on administrative ground but by mistake and inadvertence, it was mentioned as punishment.
In view of the aforesaid, the Court is left with no option but to quash the order inflicting punishment of transfer. Accordingly, the order dated 31.3.2020 as contained in Annexure-5 and the consequential order dated 2.6.2020 as contained in Annexure-6/1 are quashed.
With the aforesaid, the writ petition stands allowed and disposed of.
(Anil Kumar Upadhyay, J) spandey/-
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