KRISHAN DUTT KAUSHIK v. LIFE INSURANCE CORPORATION OF INDIA

1. Allowed subject to just exceptions.

2. By this petition challenge is laid to the order of the disciplinary committee of the respondent-corporation dated 30.10.1998 based on an inquiry report dated 14.08.1997. In addition, directions are sought for setting aside the memorial order of the Chairman of the respondentcorporation dated 28.06.2000. A consequential prayer is sought qua the respondent- corporation for withdrawal the punishment imposed by the aforementioned order dated 28.06.2000, which was to the effect that the 2014:DHC:123 petitioner’s increment of two stages be reduced. 2.[1] The petitioner has thus sought recovery of Rs. 8800/- which was evidently recovered from him as the defalcated amount.

3. The captioned petition has been filed in the background of the following board facts. 3.[1] The petitioner claims that he joined as peon at the Patel Nagar branch (numbered as 108), of the respondent-corporation, on 22.07.1984. It is averred that the petitioner was promoted by the respondent-corporation to the post of the record clerk and posted at its branch no. 31-B located at Lajwanti Garden, New Delhi. 3.[2] Evidently, in 1993, the petitioner obtained a LTC facility. The respondent-corporation alleged misconduct in obtaining the LTC facility and, accordingly, a show cause notice dated 05.12.1998, was issued to the petitioner. 3.[3] Admittedly, an inquiry was held qua alleged misconduct of the petitioner, which resulted in the Chairman of the respondent-corporation, passing the impugned order dated 28.06.2000. 3.[4] It appears that thereafter, the petitioner, approached the Chairman of the respondent-corporation, once again, for reconsideration of the order passed by him.

4. Mr Sanjay Kumar, learned counsel for the petitioner, says that, the application for reconsideration was filed on, 01.04.2011.

5. Even though, initially the learned counsel for the petitioner sought to argue that the said application for reconsideration was pending with the Chairman of the respondent- corporation, the record has revealed that, it is not so. After Mr Sanjay Kumar was confronted with, the internal communication dated 02.07.2012 addressed by the Executive Director (Personnel) to the Zonal Manager of the respondent- corporation, he categorically conveyed that as of today, no application for reconsideration was pending with the respondent- corporation. 5.[1] As a matter of fact, Mr Kamal Mehta, who appears on advance notice on behalf of the respondent, has brought to my notice a letter dated 26.07.2012 addressed by the Manager (P&IR) of the respondentcorporation to the petitioner which, in sum and substance, conveys the contents of the internal communication dated 02.07.2012.

6. My queries to the learned counsel for the petitioner failed to elicit the reason which had delayed the institution of the present petition by nearly thirteen years and seven months. 6.[1] The order which is sought to be impugned is the order dated 28.06.2000. The petition, on the face of it, appears to be directed towards reconsideration of order dated 28.06.2000, which is not maintainable, in my view, due unexplained delay and latches. 6.[2] As a matter of fact, there is no prayer in the writ petition challenging the order dated 26.07.2012. Even if that order is taken into account, more than a year is passed since then.

7. In the facts and circumstances of the case, I do not deem it fit to entertain the writ petition. The petition is, accordingly, dismissed.

RAJIV SHAKDHER, J JANUARY 08, 2014 kk