G K Rudramuniswamy vs The New India Assurance Company
2023 Latest Caselaw 1473 Kant

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                                                         WA No.86 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 21ST DAY OF FEBRUARY 2023
                                        PRESENT
                         THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                       THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
                            WRIT APPEAL NO.86 OF 2021 (S-RES)

                BETWEEN:

                1.   G.K. RUDRAMUNISWAMY
Digitally            LATE G.K. VEERABHADRAIAH
signed by            AGED ABOUT 67 YEARS
RUPA V
                     RETIRED SENIOR ASSISTANT
Location:
High Court of        NEW INDIA ASSURANCE CO LTD
Karnataka            R/O HARIHARA TQ AND DISTRICT
                     DAVANAGERE-577601.

                                                             ...APPELLANT
                (BY SRI. P.S. RAJAGOPAL, SR. COUNSEL FOR
                    SRI. PRAVEEN KUMAR RAIKOTE, ADV.,)

                AND:

                1.   THE NEW INDIA ASSURANCE COMPANY
                     UNITY BUILDING, KALINGA RAO ROAD
                     BANGALORE-27
                     BY ITS MANAGING DIRECTOR.

                2.   THE DEPUTY GENERAL MANAGER
                     THE NEW INDIA ASSURANCE COMPANY
                     UNITY BUILDINGS, KALINGA RAO ROAD
                     BANGALORE-27.

                3.   THE REGIONAL MANAGER
                     THE NEW INDIA ASSURANCE COMPANY
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                                         WA No.86 of 2021




    UNITY BUILDING, KALINGA RAO ROAD
    BANGALORE-27.
                                          ...RESPONDENTS
(BY SRI. ANUP SEETHARAM RAO, ADV., FOR
    SRI. B.C. SEETHARAM RAO, ADV.,)
                          ---

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL BY
SETTING ASIDE THE JUDGMENT AND ORDER             OF THE
LEARNED SINGLE JUDGE PASSED IN W.P. NO.44086/2015
DATED 23.12.2020, AND FURTHER THIS HON BLE COURT MAY
BE PLEASED TO ALLOW THE PRAYER MADE IN W.P. NO.
44086/2015.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:


                      JUDGMENT

This intra Court appeal is filed against an order

dated 23.12.2020 passed by the learned Single Judge by

which the writ petition preferred by the appellant has

been dismissed.

2. Facts giving rise to filing of this appeal briefly

stated are that appellant (hereinafter referred to as 'the

WA No.86 of 2021

employee') joined the New India Assurance Company

Limited (hereinafter referred to as 'the Company') on

23.04.1979 as an Assistant. The employee had claimed

the service benefits while furnishing caste certificate of

the caste namely Beda Jangama. The Company issued

a show cause notice dated 11.04.2001 inter alia on the

ground that the employee had availed concession /

relaxation available to an employee belonging to a

Scheduled Caste and Scheduled Tribe category. The

Caste Verification Committee, Shivamogga submitted a

report on 16.01.2001 in which it was found that the

caste certificate issued in favour of the employee is not

genuine and the same was cancelled on 22.01.2001.

The Company issued a show cause notice to the

employee asking him to show cause as to why

disciplinary action be not initiated against him.

3. The employee submitted a reply on 25.04.2001.

The articles of charges were framed on 26.12.2003 and

WA No.86 of 2021

the same were served on the employee. However, the

Company decided not to take any further action and

imposed penalty of dismissal from service by an order

dated 08.03.2013. The employee filed an appeal against

the aforesaid order which was dismissed on 05.11.2013.

The employee challenged the order of dismissal as well

as the order passed by the Appellate Authority in the

writ petition. The learned Single Judge, by an order

dated 23.12.2020, has dismissed the writ petition. In

the aforesaid factual background, this appeal has been

filed.

4. Learned counsel for the appellant submitted

that the penalty of dismissal imposed on the employee

suffers from procedural infirmity inasmuch as no

departmental enquiry was held against the employee. It

is further submitted that upon an initiation of the

disciplinary proceeding, the Company was under an

obligation to hold an enquiry against the employee.

WA No.86 of 2021

5. We have considered the submissions made by

the learned Senior counsel for the appellant and have

perused the record. Admittedly, the employee had

joined the services on the basis of a caste certificate. It

is also not in dispute that the Caste Verification

Committee, Shivamogaa District conducted an enquiry

and on the basis of its report dated 16.01.2001, the

caste certificate issued in favour of the employee was

cancelled on 22.01.2001. Admittedly, the basis on

which the employee had sought employment with the

Company had disappeared as the caste certificate

issued in favour of the employee itself was cancelled.

Sofar as the contention that it was necessary for the

Company to conduct an enquiry is concerned, suffice it

to say that when on admitted facts only one conclusion

is possible, it is not necessary for conducting the

WA No.86 of 2021

enquiry. Even otherwise, by not conducting an enquiry,

no prejudice will be caused to the employee.

For the aforementioned reasons, we do not find

any ground to differ with the view taken by the learned

Single Judge.

Accordingly, the appeal fails and is hereby

dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV