- 1 - HC-KAR NC: 2026:KHC:12917-DB WA No. 548 of 2024 C/W WA No. 22 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 548 OF 2024 (S-DIS) C/W WRIT APPEAL NO.22 OF 2024 (S-DIS) IN WA No. 548/2024 BETWEEN: 1. SRI. M. C. KUPPUSWAMY S/O. LATE CHINNAKUTTY AGED ABOUT 54 YEARS, RESIDING AT NO.TYPE 3/6, RAE CAMPUS, MANASAGANGOTRI, MYSORE …APPELLANT (BY SRI. SRIKANTH M.P., ADVOCATE) AND: 1. ORIENTAL INSURANCE COMPANY A-25/27, HEAD OFFICE, ORIENTAL HOUSE, ASAF ALI ROAD, PB NO.7037, NEW DELHI-110 002 BY ITS CHAIRMAN-CUM- MANAGING DIRECTOR 2. THE DEPUTY GENERAL MANAGER AND APPOINTING AUTHORITY REGIONAL OFFICE, LEO SHOPPING COMPLEX, NO.44/45, RESIDENCY ROAD CROSS, P.B.NO.25123, BANGALORE-560025 Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12917-DB WA No. 548 of 2024 C/W WA No. 22 of 2024 3. THE REGIONAL MANAGER AND DISCIPLINARY AUTHORITY ORIENTAL INSURANCE COMPANY LEO SHOPPING COMPLEX NO.44/45, RESIDENCY ROAD CROSS, P.B.NO.25123, BANGALORE-560025 4. THE GENERAL MANAGER AND APPELLATE AUTHORITY ORIENTAL INSURANCE COMPANY A-25/27, HEAD OFFICE, ORIENTAL HOUSE ASAF ALI ROAD PB NO.7037, NEW DELHI-110002 …RESPONDENTS (BY SRI. RAVINDRANATH K., ADVOCATE FOR R1 TO R4) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE PORTION OF THE ORDER PASSED BY THE LEARNED SINGLE JUDGE ON WP No-37877/2011 (S-DIS) DATED 31.10.2023 AS AT PARAGRAPHS 20 AND 21 IN SO FAR AS LIMITING THE PAYMENT OF ARREARS OF PENSION ONLY FROM 02.03.2009 THE DATE OF THE ORDER OF 1ST RESPONDENT AND ETC. IN WA NO.22/2024 BETWEEN: 1. ORIENTAL INSURANCE COMPANY A-25/27, HEAD OFFICE, ORIENTAL HOUSE, ASAF ALI ROAD, PB NO. 7037, NEW DELHI-110 002, BY ITS CHAIRMAN CUM MANAGING DIRECTOR. 2. THE DEPUTY GENERAL MANAGER AND APPOINTING AUTHORITY REGIONAL OFFICE, LEO SHOPPING COMPLEX, NO.44/45, RESIDENCY ROAD CROSS, - 3 - HC-KAR NC: 2026:KHC:12917-DB WA No. 548 of 2024 C/W WA No. 22 of 2024 PB.NO.25123, BENGALURU-560 025. 3. THE REGIONAL MANAGER AND DISCIPLINARY AUTHORITY ORIENTAL INSURANCE COMPANY, LEO SHOPPING COMPLEX, NO. 44/45, RESIDENCY ROAD CROSS, PB.NO.25123, BENGALURU-560 025. 4. THE GENERAL MANAGER AND APPELLATE AUTHORITY ORIENTAL INSURANCE COMPANY, A-25/27, HEAD OFFICE, ORIENTAL HOUSE, ASAF ALI ROAD, PB.NO. 7037, NEW DELHI-110 002. ...APPELLANTS (BY SRI. RAVINDRANATH K., ADVOCATE) AND: 1. SRI. M.C. KUPPUSWAMY S/O. LATE CHINNAKUTTY, PRESENTLY AGED ABOUT 66 YEARS, RESIDING AT TYPE NO.3/6, RAE CAMPUS,MANASAGANGOTRI, MYSORE-570 006. ...RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF LEARNED SINGLE JUDGE PASSED IN WP NO.37877/2011 DATED 31/10/2023 IN RESPECT OF GRANTING THE PENSION AND ALSO ARREARS OF PENSION BY ALLOWING THE APPEAL IN PART AND DISMISS THE WRIT PETITION FILED BY THE RESPONDENT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:12917-DB WA No. 548 of 2024 C/W WA No. 22 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. Both these Intra Court appeals have been filed by the petitioner as well as the Insurance Company impugning the judgment and order dated 31.10.2023 passed by the Writ Court in WP.No.37877/2011. The writ petition was filed by the petitioner-Mr.M.C.Kuppuswamy, appellant in Writ Appeal No.548/2024. 2. The parties are referred to as per their ranking before the writ court, for the sake of convenience. 3. The petitioner who was working as a Cashier in branch office, Metagalli of the Oriental Insurance Company, faced the disciplinary proceedings for the following act of misconduct, for which a charge sheet came to be issued : "ARTICLES OF CHARGE FRAMED AGAINST SH.M C KUPPUSWAMY, ASSISTANT (C), DO-2 MYSORE (Previously at Branch Office Metagalli) - 5 - HC-KAR NC: 2026:KHC:12917-DB WA No. 548 of 2024 C/W WA No. 22 of 2024 Sh.M.C.Kuppuswamy functioning as while posted and Cashier at our Branch Office, Metagalli during the year 2003-2004 committed the following acts of misconduct: 1) He colluded with Sh.P.Sunderamurthy, Administrative Officer in misappropriating company's funds to the tune of Rs.1,27,653/- by assigning dummy cheque numbers as per details in the enclosed Annexure-B. 2) He, with malafide intention, issued six Policies viz., Policy number 2004/1517 ton 2004/1522 by putting the cheque number as 9999, which was received by the Branch Office at all. The total amount of premium of these six policies comes to Rs.23,196. 3) He, with malafide intention, has issued premium receipts as shown in the collection register dated 16.07.2003 as per the details in Annexure-D without actually receiving the premium cheques totaling to Rs.23,831/-. Sh.M.C.Kuppuswamy, Assistant 9c), thus by his above acts. Exhibited conduct unbecoming of a public servant, failed to maintain absolute integrity, devotion to duty acted in a manner prejudicial to the interest of Company. His above acts of omission and commission are treated as misconduct as per the Rules 3 (1), (i), (ii) and Rule 4 (1) & (5) of the General Insurance [conduct, Discipline & Appeal] rules Sh.M.C.Kuppuswamy, Assistant 9c), thus by 1975. Sd/- [SHOBHA ANAND] MANAGER & DISCIPLINARY AUTHORITY" - 6 - HC-KAR NC: 2026:KHC:12917-DB WA No. 548 of 2024 C/W WA No. 22 of 2024 The petitioner submitted reply to the charge sheet and denied the charges. The Inquiry Officer furnished the inquiry report finding the charges proved against him. 4. The disciplinary authority issued the show cause notice purporting the major punishment of dismissal from service to which the petitioner submitted his reply on 15.02.2007. However, the disciplinary authority passed the order dated 17.03.2008, inflicting the major punishment of removal from service and also providing that he would be disqualified from any future employment. The appeal filed against the said order of punishment resulted in dismissal by the order dated 09.07.2008. The petitioner thereafter approached the Managing Director against the order passed by the Appellate Authority. However, the Managing Director also rejected the application filed by the petitioner by order dated 02.03.2009. 5. The petitioner thereafter raised Industrial Dispute before the Central Government Industrial Tribunal and - 7 - HC-KAR NC: 2026:KHC:12917-DB WA No. 548 of 2024 C/W WA No. 22 of 2024 Labour Court. The Labour Court held that the dispute before the Labour Court was not maintainable as the petitioner was not a workman under Section 2 of the Industrial Disputes Act, 1947. Thereafter, the petitioner approached this Court in a writ court in the writ petition as mentioned above. The learned Single Judge noticed the fact that the Branch Manager himself requested not to frame any charge against the petitioner and therefore, there was no question of initiating disciplinary proceedings against the petitioner. 6. Considering the aforesaid fact, the learned Single Judge has set aside the order passed by the Disciplinary Authority and the Appellate Authority as well as the Managing Director. It is brought to the notice that the petitioner's attainment of age of Superannuation was on 30.06.2016. However, it appears that, by mistake the learned Single Judge has granted the pension with effect from 02.03.2009. The petitioner did not attain the age of superannuation as on 02.03.2009 but as noticed, he - 8 - HC-KAR NC: 2026:KHC:12917-DB WA No. 548 of 2024 C/W WA No. 22 of 2024 attained the age of superannuation on 30.06.2016. Therefore, the petitioner will be entitled for pension with effect from 30.06.2016 and the arrears of pension along with interest at the rate of 6% p.a. to be paid by the Insurance Company within a period of eight weeks from today. 7. So far as the appeal filed by the Insurance company is concerned, as we have directed the Insurance Company to pay the petitioner all his post retiral benefits along with interest at the rate of 6% within a period of eight weeks from today, to which the petitioner is entitled to. With the aforesaid observations, the appeals are disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RS List No.: 1 Sl No.: 24