Case Note & Summary
The petitioner, a senior assistant in the National Insurance Company, challenged her removal from service following a departmental inquiry for unauthorized absence since April 2014. She claimed that her absence was due to severe medical conditions, including polymenorrhagia, fibroids, piles, and fissures, which required surgeries and caused prolonged weakness. She contended that she had informed her superiors about her ill-health and produced medical certificates, but the employer initiated disciplinary proceedings under the National Insurance (CDA) Rules, 2014. A charge memo was issued on 29 March 2017, alleging willful insubordination and unauthorized absence totaling 993 days. The petitioner failed to submit a written statement or attend the inquiry, leading to an ex-parte order of removal dated 10 January 2018. Her appeal and memorial were rejected by the appellate authority and the chairman on 11 April 2018 and 6 February 2019, respectively. The petitioner approached the High Court under Article 226, seeking quashing of the inquiry and removal orders, reinstatement with back wages, and release of pay revision arrears. She argued that the inquiry was vitiated by procedural irregularities and that the punishment was disproportionate, as her absence was due to genuine medical reasons. The employer maintained that she had not followed proper leave procedures and had been repeatedly warned. The High Court reserved judgment on 29 January 2026 and pronounced on 20 April 2026, but the provided text does not include the court's reasoning or final decision.
Issue of Consideration
WRIT PETITION NO. 2254 OF 2019
Case Details
2026 LawText (BOM) (04) 79
Writ Petition No. 2254 of 2019
G. S. Kulkarni, Aarti Sathe
A. D. Shetty, P. G. Sawant for Petitioners, Amol Gatne for Respondents
National Insurance Co. Ltd., Dy. General Manager And Appellate Authority, MBRO-III National Insurance Co. Ltd., Chairman-cum-Managing Director National Insurance Co. Ltd.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of Constitution of India challenging the departmental inquiry and orders of removal from service.
Remedy Sought
Quashing of the charge memo, inquiry proceedings, removal order dated 10-01-2018, appellate order dated 11-04-2018, and memorial rejection order dated 06-02-2019; reinstatement with back wages, and release of pay revision arrears.
Filing Reason
The petitioner was removed from service after ex-parte departmental inquiry for alleged unauthorized absence; she claimed medical reasons were not considered and procedural rules violated.
Previous Decisions
The Regional Manager/Appointing Authority imposed removal from service on 10-01-2018; Deputy General Manager/Appellate Authority rejected appeal on 11-04-2018; Chairman-cum-Managing Director rejected memorial on 06-02-2019.
Judgment Excerpts
The Petitioner joined the services of Respondent No. 1 as an Assistant on 3rd April 1995, at its Divisional Office No. 14 situated at Fort, Mumbai.
On 29th March 2017, the Petitioner was issued a Charge Memo under Rule 25 of the CDA Rules 2014 by the Senior Divisional Manager and Disciplinary Authority of Respondent No. 1.
the primary charge was that the Petitioner had remained absent from her duty from 22nd April 2014 without having obtained permission of the competent authority and further she was on loss of pay for 993 days as on date of the Charge Memo.
Procedural History
Petitioner joined service in 1995. In 2014, she began prolonged absence due to alleged illness and family health issues. Employer issued letters and show-cause notice. Charge memo dated 29-03-2017 under CDA Rules, 2014. Disciplinary inquiry held in July 2017; petitioner failed to attend or submit written statement. Removal order passed on 10-01-2018 by Regional Manager. Appeal to Dy. General Manager rejected on 11-04-2018. Memorial to Chairman-cum-Managing Director rejected on 06-02-2019. Writ petition filed in 2019.
Acts & Sections
- Constitution of India: Article 226, Article 12
- General Insurance Business (Nationalization) Act, 1972:
- General Insurance (Conduct, Discipline, Appeal) Rules, 1975:
- National Insurance (CDA) Rules, 2014: Rule 25, Rule 18(1), Rule 18(2), Rule 4(7), Rule 4(8)
