Bombay HC Upholds Man's Dismissal From Service Who Was Accused Of Falsely Claiming Medical Reimbursement Of More Than ₹6 Lakhs
The Bombay High Court has upheld the Order dismissing an employee from service who was accused of falsely claiming medical reimbursement of more than Rs. 6 Lakh.
The bench of Justice Sandeep V. Marne observed that "He has caused financial loss to the respondent-bank by claiming and receiving reimbursement of Rs. 6,12,870/- which was not due to him. He had submitted further bills amounting to Rs. 3,24,729/- in further attempt to defraud the bank. The punishment of dismissal from service imposed on petitioner for such proved misconduct, in my view is proportionate and does not shock my conscious."
Advocate Uday V. Khonde appeared for the Petitioner whereas Advocate S. S. Vidwans appeared for the Bank.
In this case, the petitioner-employee was accused of defrauding the Bank by submitting fake bills and getting reimbursement of bills to the extent of Rs. 612870/-.
It was alleged that he further submitted bills of Rs. 324729.50. Thus the petitioner came to be dismissed from service.
The Court observed that the petitioner's conduct of procuring bills from an in-operational medical shop cast doubt of actual consumption of the tablets by the petitioner.
The Court further noted that the petitioner has fully participated in the enquiry proceedings and has been given full opportunity of defending himself.
The Court observed that "Petitioner does not dispute that the license of the concerned medical shop was surrendered in the year 210 itself, but he went on producing bills of that shop upto August 2013. The defence of the home delivery of medicines being made by the concerned shop is unbelievable and cannot be accepted in the light of absence of any evidence to that effect being produced by the petitioner."
On the issue of proportionality of penalty, the Court noted that "The punishment of dismissal from service imposed on petitioner for such proved misconduct, in my view is proportionate and does not shock my conscious."
Thus the Court upheld the Order of dismissal.
Cause Title- Ajitkumar v. Central Bank of India & Anr.