Court No. - 9 Case :- SPECIAL APPEAL No. - 1269 of 2005 Petitioner :- Vijendra Kumar Respondent :- The Life Insurance Corporation Of India & Another Petitioner Counsel :- Kamal Kumar Singh,Indra Raj Singh Respondent Counsel :- P. Padia Hon'ble Vijay Manohar Sahai,J.
Hon’ble Virendra Kumar Dixit,J.
We have heard Sri Indra Raj Singh learned counsel for the appellant who has
no instructions from the appellant and Sri Prakash Padia learned counsel
appearing for the respondents. Rejoinder affidavit filed by the appellant is
taken on record.
This intra court appeal has been filed challenging the order dated 23.8.2005
passed by learned Single Judge dismissing the writ petition on merits.
We have gone through the judgment and order passed by the learned Single
Judge by which the writ petition has been dismissed after considering the
entire facts of the case and the learned Single Judge has held that the enquiry
report is based on the material available on the record and the findings are not
perverse. It has further been held that the appellate authority had applied its
mind to the facts of the case and the order passed by the appellate authority
cannot be said to be an unreasoned order. Learned Single Judge while
dismissing the writ petition has lastly held that the charge of misappropriation
of fund is very serious charge which was found to be true and therefore
dismissed the writ petition.
We do not find any illegality or infirmity in the judgment of the learned
Single Judge. Special Appeal fails and is dismissed accordingly.
Order Date :- 6.1.2010
SC