L.I.C. Of India & Anr vs Ram Pal Singh Bisen

3.Thumb-nail sketch of the facts of the case are as under:

5.Charge sheet dated 16.4.1974 imputing six charges was served on him. He was also placed under suspension. Supplementary charge sheet was also served on him on 21.10.1974. Mr. R.S. Maheshwari was appointed as Inquiry C.A. No.893 of 2007 3 Officer, who after completion of inquiry proceedings furnished his report to Disciplinary Authority on 29.01.1976. On the basis of this, respondent was served with show-cause notice on 23.2.1976 stating inter-alia that in view of the fact that some of the serious charges stood proved against him, why order of dismissal from service be not passed against him.

7.However, without taking note of the submissions of the respondent, appellants by non speaking order and further without disclosing any opinion, on the basis of which respondent was held guilty of charges levelled against him, arrived at a conclusion for his dismissal from service vide order dated 11.5.1976.

9.He then submitted further mercy appeal before the Chairman of LIC but without any favourable result as the same came to be dismissed on 12.10.1977.

15.To prove his averments in the suit, respondent- plaintiff tendered himself in the witness box and proved his case as also documents filed in support thereof. Surprisingly enough, appellants herein did not lead any oral evidence, yet some of the documents filed by appellants were exhibited, probably under misconception of law that they were not disputed in Court by respondent. It is also necessary to mention here that appellants had also not served any notice of admission or denial of documents on the respondent during trial as contemplated under Order XII Rule 2 of the Code of Civil Procedure (for short,`CPC').

16.After appreciating the evidence available on record, trial court was pleased to decide the issues in favour of the respondent-plaintiff, holding therein that there was complete violation of principles of natural justice inasmuch as no reasonable, proper and sufficient opportunity was afforded to him to defend himself in the departmental enquiry. Similarly, the appellate order was passed in a mechanical manner as also the order on representation of the respondent by Chairman. In the result, the Trial Court passed a decree in favour of respondent, quashing and setting aside order of dismissal from service with further direction to reinstate him C.A. No.893 of 2007 7 alongwith all consequential benefits including payment of salary for the intervening period.

12.Thus, in general, they have denied averments of the plaint in toto and submitted that the suit being mis- conceived deserves to be dismissed with costs.

17.Against this judgment and decree pronounced by trial court, appellants were constrained to file regular first appeal before learned single judge of the High Court which also came to be dismissed by him on 28.5.1993. Not being satisfied with the same, appellants carried Special Appeal before the Division Bench of the said High Court which also came to be dismissed on 30.9.2005. Hence, this appeal after grant of leave, by the defendants, having lost from all the three courts.

30.From the narration of aforesaid facts and law, we are of the considered opinion that the courts have committed no error in coming to the conclusion that respondent was denied opportunity of hearing, that being so, whole proceedings stand vitiated by non-adherence to the principles of natural justice.

33.In this view of the matter, we are of the opinion that the courts below committed no error in decreeing the suit of the respondent.

35.Thus, the appeal being devoid of any merit and substance is dismissed. Appellants to bear the cost of the litigation throughout.

36. Counsel's fee Rs.10,000/-.