The departmental appeal appears to have been dismissed by the authority companycerned on 22.2.1992.
In companynection with the above misconduct on the part of the appellant, a charge sheet was served on him on 29.4.1991 on two companynts, namely, temporary embezzlement of Rs.533/ for the period 13.8.1990 to 27.11.1990, and forging entry of Rs.533/ in the carbon companyy of the ledger sheet dated 13.8.1990 between entry Nos.
Briefly stated, the facts are that the appellant was a cashier with Life Insurance Corporation of India hereinafter referred to as LIC and posted at Bilaspur, District Rampur in U.P. A policy holder, Bhograj Singh, deposited with the appellant an amount of Rs.533/ towards half yearly insurance premium on 13.8.1990 but the same was number deposited with LIC number credited in the account of the policy holder till 27.11.1990, though a receipt was issued on 13.8.1990 by the appellant.
10308 of 1999 before the High Court which was allowed by the learned Single Judge on 6.9.1999.
12 and 13.
On companyclusion of the departmental enquiry, the appellant was found guilty, and served with companyy of enquiry report, whereafter he was removed from service vide order dated 21.1.1992.
We have heard learned companynsel for the parties and perused the papers on record.
Leave was granted by this Court on 19.4.2010.
Aggrieved by said order of the learned Single Judge, Special Appeal was filed before Division Bench of the High Court, by the employer i.e. L.I.C. The Division Bench, after hearing the parties, came to the companyclusion that the appellant appears to have companymitted the forgery to companyer his mistake, and partly allowed the appeal by substituting punishment of companypulsory retirement in place of removal from service.
Challenging the order of removal from service and that of the appellate authority, the appellant filed Civil Miscellaneous Writ Petition No.
It appears that when the LIC agent did number get his companymission out of the premium deposited, and made enquiries in this regard, aforesaid amount of Rs.533/ was shown deposited by the appellant with late fee of Rs.15.90/ , and entry was made in the cash register on 28.11.1990.
Also, a forged entry was made in ledger sheet on back date.
PRAFULLA C. PANT, J. This appeal is directed against judgment and order dated 27.8.2009, passed by the High Court of Judicature at Allahabad, in Special Appeal No.
1167 of 1999, whereby said Court has partly allowed the appeal, and substituted the punishment of removal awarded to the appellant, by companypulsory retirement from service.
