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2025 DAILYLAW 71804 (MAD)

The Senior Divisional Manager v. C.S. Srinivasan

WA/1968/2025 · 2025-07-11

K Surender, R Subramanian

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.A.No. 1968 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.07.2025 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER W.A.No. 1968 of 2025 and C.M.P.No. 14917 of 2025 1. The Senior Divisional Manager, Corporate Business Unit, 2nd Floor, Rosy Towers, Nungambakkam High Road, Chennai - 600 034. 2. The Deputy General Manager, Regional Office, The Oriental Insurance Company Limited, 4th Floor, United India Life Building, No.9, Esplanade, Chennai - 600 018. 3. The General Manager Appointing Authority, The Oriental Insurance Company Limited, Oriental House, P.B.No.7037, A~25/27, Asaf Ali Road, New Delhi - 110 002. 4. The Chairman - cum - Managing Director - cum Appellate Authority, The Oriental Insurance Company Limited, Oriental House, P.B.No.7037, A~25/27, Asaf Ali Road, New Delhi - 110 002. ...Appellants 1/6 https://www.mhc.tn.gov.in/judis W.A.No. 1968 of 2025 Vs. C.A.Srinivasan, Ex~Chief Manager, The Oriental Insurance Company Limited, Old No.11/2, New No.4, Jawaharlal Nehru Street, T.Nagar, Chennai - 600 017. ... Respondent Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 25.04.2025 made in W.P.No. 25692 of 2018. For Appellants : Mr.C.Manohar Gupta For Respondent : Mr.P.L.Narayanan, Senior Counsel For Mr.Hariharan.E JUDGMENT (Judgment of the Court was made by R.SUBRAMANIAN, J.) We do not see any merit in the appeal. Certain charges were framed against the respondent, who was working as a Chief Regional Manager in the Company's Corporate Regional Office at Chennai. 2. The charges were basically that he had received pecuniary gains by producing fake tickets for his travel by air. An enquiry was conducted and the Enquiry Officer came to the conclusion that the intention to seek pecuniary gain was not established. The Management however, slapped a 2/6 https://www.mhc.tn.gov.in/judis W.A.No. 1968 of 2025 capital punishment of removal from service. Upon challenge, the writ Court came to the conclusion that the procedure adopted by the Company for booking air tickets of Officers through Travel Agents was not transparent and if at all anybody is to be blamed, it is only the Travel Agent and not the respondent. The writ Court also found fault with the appellant for not having examined the Travel Agent and for not having produced the original tickets. 3. Admittedly, the boarding passes was obtained by the Travel Agent and handed over to the employee for his travel. If the boarding passes do not tally with the tickets produced, it is the Travel Agent who has to be blamed and not the employee concerned. It is for the Travel Agent to explain the discrepancy. Curiously, no proceedings have been initiated against the Travel Agent and the Travel Agent was also not examined before the enquiry officer. In fact, the request of the respondent to have a First Information Report lodged to clear the air on this enquiry was not complied with by the Company. The writ Court has actually found that there was no evidence and the plea of absence of evidence was ignored by the authorities concerned. 3/6 https://www.mhc.tn.gov.in/judis W.A.No. 1968 of 2025 4. In view of the above findings, we do not think, a case has been made out for interference at our hands. This Writ Appeal therefore fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M., J.) (K.S., J.) 11.07.2025 kkn Internet: Yes Index: No Speaking Neutral Citation : No 4/6 https://www.mhc.tn.gov.in/judis W.A.No. 1968 of 2025 To:- 1. The Senior Divisional Manager, Corporate Business Unit, 2nd Floor, Rosy Towers, Nungambakkam High Road, Chennai - 600 034. 2. The Deputy General Manager, Regional Office, The Oriental Insurance Company Limited, 4th Floor, United India Life Building, No.9, Esplanade, Chennai - 600 018. 3. The General Manager Appointing Authority, The Oriental Insurance Company Limited, Oriental House, P.B.No.7037, A~25/27, Asaf Ali Road, New Delhi - 110 002. 4. The Chairman - cum - Managing Director - cum Appellate Authority, The Oriental Insurance Company Limited, Oriental House, P.B.No.7037, A~25/27, Asaf Ali Road, New Delhi - 110 002. 5/6 https://www.mhc.tn.gov.in/judis W.A.No. 1968 of 2025 R.SUBRAMANIAN, J. and K.SURENDER, J. KKN W.A.No. 1968 of 2025 and C.M.P.No.14917 of 2025 11.07.2025 6/6 https://www.mhc.tn.gov.in/judis