HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI W.V.M.P.NO. 593 OF 2009 AND WRIT PETITION No. 17299 OF 2007 Thursday, the Twenty Fourth day of June, Two Thousand and Ten Between M.N. Ravhuveer Petitioner AND National Insurance Company Limited, Rep.by its Deputy General Manager, Chennai Regional Office, 190, Anna Salai, Chennai – 16 and others Respondents THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI W.V.M.P.NO. 593 OF 2009 AND WRIT PETITION NO. 17299 OF 2007 ORAL ORDER: The appointment of third respondent herein as an Enquiry Officer by the second respondent into the charges framed against the petitioner, is under challenge in this writ petition. The petitioner is working as Assistant Manager in the first respondent company at Anantapur. It is his case that since he has shifted his Association membership from National Insurance Company Officers Association to Indian National Trade Union Congress, the Divisional Manager, who is President of the National Insurance Company Officers Association, has orchestrated a complaint against him to the effect that he has publicly abused him for non-promotion to the cadre of Deputy Manager. Thereupon, a Charge Memo dated 29.11.2006 was issued to him contemplating a domestic enquiry and the second respondent by order dated 17.4.2007 has nominated the third respondent as the Enquiry Officer, who is an active member of the National Insurance Company Officers Association at Hyderabad. Therefore, he seeks a direction to the second respondent to consider his representation dated 25.7.2007 for the relief of change of Enquiry Officer. It is the case of the respondents, as can be seen from their counter, that the third respondent, a fair, impartial and competent officer had been appointed as the Enquiry Officer and the petitioner is trying to take shelter under the pretext of liaison of the second and third respondents with one union or the other. It is further stated that as in any other organization, the officers of the Corporation are also members of Association/Union of their choice and their membership with such Association/Union has nothing to do with the enquiry, contemplated against the petitioner. The petitioner except stating that the third respondent who is appointed as Enquiry Officer and who according to the petitioner is an active member of National Insurance Company Officers Association, which is the rival union of the petitioner i.e. Indian National Trade Union Congress, has not produced any material to attribute malafide or to show that there is malice in the appointment of third respondent by the second respondent as Enquiry Officer against the petitioner. Prima facie, no instance of harassment, as alleged by the petitioner, is made out. Both the Associations/Unions appear to be working for the welfare and promoting the association among the fraternity of the Officers. Under the above circumstances, the contention of the petitioner that there should be a change of Enquiry Officer cannot be sustained for the reason that there is no other allegation or malafide attributed against the said Enquiry Officer and the Enquiry Officer, in discharge of his functions, as such, shall be acting in accordance with the rules provided therefor. In the above premise, the writ petition deserves dismissal and is accordingly dismissed. The Vacate Petition is accordingly ordered. No costs. ________________________ Justice T. Meena Kumari June 24, 2010 MAS