The New India Assurance Co Ltd,

Regional Office:330000
Nehru Place ,Tonk Road,Jaipur-302015
TEL:
Fax:
ORDER
I have before me Appeal dated 01.12.2009 submitted by Mr. Shri Gopal Soni,S.R. No.
24001, Assistant (Translator), Ajmer Divisional Office (331400) Under Jaipur Regional
Office against office order dated 05.11.l2009 passed by the Diciplinary Authority.
The said Appeal is preferred under Rule 31 of the New India Assurnce Co. Ltd. (Conduct,
Discipline & Appeal )Rules,2003 as amended.
On persual of the relevant documents on the case, I observe that Mr. Shri Gopal Soni was
charged vide Memeorandum dated 02.05.2008 for the following acts of commission
and omission amounting to misconduct in terms of the said CDA Rules,which were
committed by him whilst working as Assistant (Translator ) at Ajmer Divisional Office
(331400) Under Jaipur R. O. during the year 2008.
(1). It is alleged that Mr. Soni ignored the legal orders/instructions of his superior officers
& did not comply them deliberately & malafidely & with ulterior motive.
(2). It is alleged that Mr. Soni malafidely & with ulterior motive tempers with important
documents of office during office time in the office premises. Further it is alleged that
Mr. soni takes photo from his Mobile phone of the important documents and other record
of the office.
(3). It is alleged that various conducts of Mr. Soni malafidely & with ulterior motive for
his selfish interests presents evil/bad example before other workers of the organisation
which is not expected from a public servant (Company Personnel)..
Mr. Shri Gopal Soni did not submit any reply to the said Memorandum and therefore the
Disciplinary Authority initiated departmental Inquiry against Mr. Shri Gopal Soni. For
this purpose, A.K. Samaria, Branch Manager was appointed as the inquiry Officer.
On conclusion of Inquiry, the Inquiry Officer submitted his report dated 08.06.2009 with
the findings that all charges were found to be proved.
A copy of the Inquiry Report dated 08.06.2009 was provided to Mr. Shri Gopal Soni vide
letter dated 19.06.2009 to enable him to make representation against the findings of the
Inquiry Authority. Mr. Shri Gopal Soni vide letters dated 27.06.2009 & 14.07.2009
desired certain documents/queries instead of submitting his representation against the
findings of the Inquiry Authority ,which were provided to him vide letters dated
03.07.2009 & 13.08.2009.

On perusal of all the documents in the case,the Disciplinary Authority vide Office Order
dated 05.11.2009 had imposed upon him Major Penalty of reduction of his present basic
salary by Six stages in his time scale permanently as provided under Rule 23 (e) of
the New India Assurnce Co. Ltd. (Conduct, Discipline & Appeal )Rules,2003 as
amended, with immediate effect.
Being aggrieved by the said order, Mr. Shri Gopal Soni has preferred the instant Appeal
and requested therein to set aside the order of the Disciplinary Authority.
I have carefully examined the submissions made out by Mr. Shri Gopal Soni in his
Appeal vis-a-vis all the relevant documents of the case. I am satisfied that Mr. Shri
Gopal Soni was given adequate opportunity to defend himself following the Principles of
Natural Justice. On perusal of the submissions made out by Mr. Soni in his Appeal, I
observe that Mr. Soni has more or less raised the same issues which have already been
raised in his letters dated 27.06..2009 & 14.07.2009 which were provided to him vide
letters dated 03.07.2009 & 13.08.2009 and now he has not raised any new and material
issues. The said points/issues had already been considered by the Disciplinary Authority
while passing his orders.
As regards penalty imposed, I am of the opinion that the same is just and reasoanble and
commensurate with the gravity of charges proved.
Hence, on overall consideration of the facts and circulstances of the case, I do not find
any ground for reconsideration of the penalty imposed and accordingly, I hereby reject
the Appeal dated 01.12.2009 of Mr. Shri Gopal Soni and uphold the order dated
05.11.2009 of the Disciplinary Authority.
(S.S. Hira)
Chief Regional Manager
APPELLATE AUTHORITY
DATED: 10.05.2010

The New India Assurance Co Ltd,

Regional Office:330000
Nehru Place ,Tonk Road,Jaipur-302015
TEL:
Fax:
ORDER
I have before me Appeal dated 01.12.2009 submitted by Mr. Shri Gopal Soni,S.R. No.
24001, Assistant (Translator), Ajmer Divisional Office (331400) Under Jaipur Regional
Office against office order dated 16.11.l2009 passed by the Disciplinary Authority.
The said Appeal is preferred under Rule 31 of the New India Assurnce Co. Ltd. (Conduct,
Discipline & Appeal )Rules,2003 as amended.
On persual of the relevant documents on the case, I observe that Mr. Shri Gopal Soni was
charged vide Memeorandum dated 13.02..2008 for the following acts of commission
and omission amounting to misconduct in terms of the said CDA Rules,which were
committed by him whilst working as Assistant (Translator ) at Ajmer Divisional Office
(331400) Under Jaipur R. O. during the year 2007.
1.It is alleged that Mr. Soni did not present himself for duty dt.26.06.2007 whereas the
competent authority had sanctioned him leave for 21.06.07 to 25.06.07 only.
Thus ,Mr. Soni remained unauthorised absent from 26.06.2007 to 31.07.2007.
2. It is alleged that Mr. Soni committed insubordination of various letters despatched to
him,e.g. dt.25.06.2007,28.06.2007,4.07.2007,6.07.2007 & 25.07.2007 and did not
comply the lawful instructions by Officers to report to duty deliberately malafidely and
with ulterior motive.
3.It is alleged that the act of Mr. Soni to remain unauthorized absent from office
malafidely and with ulterior motive and to leave HeadQuarters without permission is
against the Rules of the Company and such act of Mr. Soni is clear example of defiance.
4.It is alleged that Mr. Soni malafidely and with ulterior motive for his selfish interests
tempered with the sick certificate issued by Dr. Mukesh Mathur,Mewara Mansion,
vegetable Market,Kekari dt.25.06.2007 and presented it to office.

Mr. Shri Gopal Soni replied to the said Memorandum vide his letter dated 07.03.2008
denying all the charges. The reply filed by Mr. Shri Gopal Soni was not found
satisfactory therefore the Disciplinary Authority initiated departmental Inquiry against
Mr. Shri Gopal Soni. For this purpose, A.K. Samaria, Branch Manager was appointed as
the inquiry Officer.
The departmental inquiry was conducted in accordance with the CDA Rules and the
delinquent was given full opportunity of presenting his case,submitting his
documents,getting witnesses examined and opportunity to cross examine the prosecuation
witnesses. Hence the departmental inquiry was conducted in accordance with the rules
and regulations as well as principles of natural justice.
On conclusion of Inquiry, the Inquiry Officer submitted his report dated 06.03.2009 with
the findings that all charges were found to be proved.
A copy of the Inquiry Report dated 06.03.2009 was provided to Mr. Shri Gopal Soni vide
letter dated 22.04.2009 to enable him to make representation against the findings of the
Inquiry Authority. Mr. Shri Gopal Soni vide letters dated 25.04.2009 & 26.05.2009
desired certain documents/queries instead of submitting his representation against the
findings of the Inquiry Authority ,which were provided to him vide letters dated &
13.05.2009 & 22.07.2009.
On perusal of all the documents in the case,the Disciplinary Authority vide Office Order
dated 05.11.2009 had imposed upon him Major Penalty of dismissal as provided under
Rule 23 (i) of the New India Assurnce Co. Ltd. (Conduct, Discipline & Appeal )
Rules,2003 as amended, with immediate effect.
Being aggrieved by the said order, Mr. Shri Gopal Soni has preferred the instant Appeal
and requested therein to set aside the order of the Disciplinary Authority.
I have carefully examined the submissions made out by Mr. Shri Gopal Soni in his
Appeal vis-a-vis all the relevant documents of the case. I am satisfied that Mr. Shri
Gopal Soni was given adequate opportunity to defend himself following the Principles of
Natural Justice. The appeal preferred by Mr. Shri Gopal Soni is contains various
averments out of which some of them are out of context and have no relevance to the
departmental inquiry conducted against him. However,all the grievances raised by him
are being taken care of by me while deciding this appeal. The contention of Mr. Soni that

Mr. Naresh Arora, an employee of Oriental Ins. Co. who was sought by him to be
appointed as Defence Assistant was declined permission by then Dy. General Manager of
Oriental Ins. Co.,Jaipur and thereafter subsequently Mr. Suresh Kumar
Srichandani,another employee of Oriental Ins. Co. who was sought by the appellant to be
appointed as defence assistant was again refused permission by the Oriental Ins.
Co.,Jaipur for which the New India Assurance Co. had no role to play. The Inquiry
proceedings was conducted as per the rules of the company and I find that the Applellant
has cast false allegations on the inquiry officer which I find has no merits. Shri Hari
Chand,witness deposed his testimony on 05.12.2008 and subsequently the delinquent did
not ask any question to the witness which means opportunity to cross examine was
available to the delinquent which he did not avail. Thus the defence of not providing
opportunity to cross examine does not become available to the Appellant. The appellant
has stated that the list of witnesses included Sh. Hari Chand & Sh. A. K . Mehra however,
the inquiry officer recorded the statement of Mr. Harish Jatav and Mr. Naveen which was
well justified because the charge- sheet in Annex. d clearly stated that apart from two
witnesses named any other witness could also be examined by the prosecution if
necessary.
Hence,the grievane raised regarding testimony of Mr. Harish Jatav and Mr. Naveen is not
justified. After the recording of the prosecution witnesses,the appellant was given an
opportunity to get his witnesses examined whereas he had no witness to depose in his
favour. As per the charge sheet the appellant was absent from duty from 26.06.2007 to
31.07.2007 without prior permission and affect of which was taken after passing of office
order dtd. 16.11.2009 by the Disciplinary Authority therefore ,the contention raised by
him is devoid of merit regarding the above stated content of para no.12 of the Appeal.
The Disciplinary Proceedings initiated and conducted under General Insurance
(Conduct,Discipline and Appeal )Rules 1975 could not be held to be ab initio void as
subsequently the Board of the Company vide its resolution dtd. 07.04.2008 had resolved
to replace the General Insurance (Conduct,Discipline and Appeal )Rules 1975 with the
New India Assurnce Co. Ltd. (Conduct, Discipline & Appeal )Rules,2003 and the said
resolution was confirmed by the board in its meeting on 06.06.2008. Hence the inquiry
was well within the proper jurisdiction and in accordance with law and rules. I have
carefully gone through the complete contents of the appeal viz-a-viz the record of the
case. In the appeal there are various contentions raised which are devoid of merit and
substance and yet I have given a careful consideration to all of them and find no
irregualrity in conducting the departmental inquiry the inquiry officer and further in the
act of the disciplinary authority in passing the order of penalty. The appellant was given
full opportunity to defend his case in full compliance of the Principles of Natural Justice
and at no stage prejudice was caused to him. The charges have been rightly found proved
which are grave in nature and therefore, the peanlty imposed is commensurate to the
gravity of the charges.
Hence, on overall consideration of the facts and circulstances of the case, I do not find
any ground for reconsideration of the penalty imposed and accordingly, I hereby reject
the Appeal dated 01.12.2009 of Mr. Shri Gopal Soni and uphold the order dated
16.11.2009 of the Disciplinary Authority.

Mr. Shri Gopal Soni be informed accordingly.

(S.S. Hira)
Chief Regional Manager
APPELLATE AUTHORITY
DATED: 17.05.2010