Dinesh Kumar Mehria v. The United India Insurance Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16244 of 2019 ====================================================== Dinesh Kumar Mehria Son of late Bhagwan Das Mehria, Resident of VillageMohanpur (Haripur), P.S. Jarmundi, District- Dumka, Jharkhand. ... ... Petitioner/s

Versus

1.

The United India Insurance Company Limited through its Chairman Cum Managing Director, 24 White Road , Chennai.

2.

The Chairman Cum Managing Director, United India Insurance Company Limited, 24 White Road, Chennai.

3.

The Assistant General Manager, United India Insurance Company Limited, 24 White Road, Chennai.

4.

The Chief Regional Manager, United India Insurance Company Limited, Regional Office 3 Floor Chanakya Complex R Block, Patna.. 5.

The Deputy Manager United India Insurance Company Limited, Regional Office 3 Floor Chanakya Complex R Block, Patna. 6.

The Divisional Manager, United India Insurance Company Limited,Dr. Rajendar Prasad Road Bhagalpur.

7.

The Branch Manager, United India Insurance Company Limited, Assam Access Road Hotel Prabha Premises Deoghar, Jharkhand. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra For the Respondent/s :

Mr. Durgesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-08-2019 Heard the learned counsel for the parties.

The petitioner has challenged the order dated 23.09.2015 passed by the Manager, Disciplinary Authority, United India Insurance Company Limited, rejecting the claim of the petitioner.

It may be recounted that the petitioner had earlier approached before this Court vide C.W.J.C. No. 12493 of 2007 challenging the order passed by the

Patna High Court CWJC No.16244 of 2019(2) dt.22-08-2019 2/3 Disciplinary Authority, Appellate Authority and the Revisional Authority.

A Bench of this Court vide order dated 05.09.2014, after going through the entire gamut of papers furnished by the petitioner came to the conclusion that no interference could be made by this Court but still gave liberty to the petitioner to make a representation before the Disciplinary Authority bringing to its notice that his representation was not considered in proper perspective. It was observed in the order that in case such an application is filed, the Disciplinary Authority would pass appropriate order without being influenced by the earlier order, affirmed in appeal and memorial by the superior authority. The order on such representation was required to be passed within a period of five months of the date of receipt of a copy of the order passed in the aforesaid writ petition.

Strengthened by the aforesaid observation, the petitioner started another round of litigation before the

Patna High Court CWJC No.16244 of 2019(2) dt.22-08-2019 3/3 Disciplinary Authority but could not succeed and the order dated 29.09.2015 rejecting the representation of the petitioner has been challenged in the present petition after four years.

As a matter of public policy, the petitioner ought not to be permitted to keep on litigating and allow this litigation to continue unnecessarily.

This Court, on an earlier occasion had granted extreme indulgence to him despite the order passed in appeal and memorial.

Apart from this, the petitioner has slept over the order for four long years and has challenged the order dated 23.09.2015 in the year 2019.

This Court finds no reason to interfere with the order impugned in the present petition.

The petition stands dismissed.

(Ashutosh Kumar, J) Shageer/- U