The Senior Divisional Manager v. C.S. Srinivasan

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 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, 4th Floor, United India Life Building, No.9, Esplanade, Chennai - 600 018.

3. The General Manager Appointing Authority, 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, Oriental House, P.B.No.7037, A~25/27, Asaf Ali Road, New Delhi - 110 002.

...Appellants 1/6

Vs.

C.A.Srinivasan, Ex~Chief Manager, 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

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.

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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 4/6

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, 4th Floor, United India Life Building, No.9, Esplanade, Chennai - 600 018.

3. The General Manager Appointing Authority, 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, Oriental House, P.B.No.7037, A~25/27, Asaf Ali Road, New Delhi - 110 002.

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R.SUBRAMANIAN, J.

and K.SURENDER, J.

KKN and C.M.P.No.14917 of 2025 11.07.2025 6/6