VidhiSangh

Supreme Court of India · 11/07/2022

DR. GAJENDRA SINGH versus UNION OF INDIA & ORS.

[2022] 7 S.C.R. 1 · 2022 INSC 677

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Summary

A branch manager of an insurance company issued a motor cover note in March 1996 without collecting the premium, relying on a long-standing customer's assurance that he would send it; the same day a second cover note was issued against a cheque that bounced, and the first was not cancelled. The vehicle met with an accident a month later and the company had to honour a tribunal award of Rs 3,24,400 on the first cover note. Charged in 2001 with causing financial loss and failing to maintain integrity and devotion to duty, the manager was found guilty and removed from service without disqualification for future employment; the Allahabad High Court declined to interfere.

Issues

  1. Whether removal from service was a proportionate penalty for a branch manager who issued a cover note on a customer's assurance without collecting premium and failed to cancel it when a second cover note was issued, causing loss to the insurer.
  2. Whether such conduct amounts to failure to maintain integrity, as distinct from a lapse in devotion to duty.

Provisions considered

Held

Result

Appeal partly allowed; the Allahabad High Court's judgment of 14.02.2017 and the order of removal from service quashed; matter remitted to the disciplinary authority to impose an appropriate punishment lesser than removal within three months. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 1.