Bijoy Kumar Jha v. The Life Insurance Corporation Of India Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21380 of 2014 ====================================================== 1.
Bijoy Kumar Jha Son of Late Parmanand Jha. Resident of Mohalla - Ramkrishna Puram Colony, P.S.- Rahika, District - Madhubani. ... ... Petitioner/s
Versus
1.
The Life Insurance Corporation Of India Ltd. through the Chairman, Central Office, Yogashema, Jeevan Bima Marg, Mumbai-400021 2.
The Chairman, The Life Insurance Corporation of India Ltd., Central Office, Yogashema, Jeevan Bima Marg, Mumbai-400021 3.
The Zonal Manager, The Life Insurance Corporation of India Ltd., Eastern Zonal Office, Hindustan Building-4, Chitranjan Avenue, Kolkata-700001, West Bengal 4.
The Senior Divisional Manager, The Life Insurance Corporation of India Ltd., Divisional Office, Umashankar Marg, Muzaffarpur. 5.
The Branch Manager, The Life Insurance Corporation of India Ltd., Branch Office, Madhubani.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha, Adv.
For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-08-2023
1. Heard learned counsels for the petitioner and the respondents.
2. The learned counsels for the parties are in agreement that it is a well settled proposition of law that late refund of the amount of Leave Travel Concession (hereinafter referred to as 'LTC') advance will not amount to a misconduct. This aspect of the matter stands adjudicated conclusively by a judgment dated 09.03.2018, passed by a Co-ordinate Bench of this Court in CWJC No.12086 of 2009 (Ganga Safi Vs. Life
Patna High Court CWJC No.21380 of 2014(2) dt.16-08-2023 2/3 Insurance Corporation of India and Ors.) as also by a Judgment dated 19.09.2012, passed by the learned Division Bench of this Court in LPA No.1275 of 2012 (Life Insurance Corporation of India and Ors. Vs. Praful Chandra Jha). It is thus submitted that inevitably, the employees can neither be proceeded against by initiation of departmental proceedings nor they can be punished in case they fail to return the amount of LTC advance in time, however, at best the amount of LTC advance, taken by the employees, can be recovered from the next pay bill of such employees.
3. Having regard to the well settled law laid down by the learned Division Bench of this Court as also by a Coordinate Bench of this Court, as aforesaid, as also considering the fact that the departmental proceeding in question had been initiated against the petitioner on the charge of late refund of the amount of LTC advance, the order of punishment dated 24.10.2002, passed by the Senior Divisional Manager, Life Insurance Corporation of India, Muzaffarpur, the appellate order dated 15.07.2003, passed by the Zonal Manager, Eastern Zonal Office, Life Insurance Corporation of India, Kolkata and the order dated 08.07.2004, passed by the Chairman, Life Insurance Corporation of India, Mumbai on the Memorial filed by the
Patna High Court CWJC No.21380 of 2014(2) dt.16-08-2023 3/3 petitioner, are unsustainable in the eyes of law, hence are quashed.
4. The writ petition stands allowed.
(Mohit Kumar Shah, J) Saurav/- U