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2013 (3) TMI 291 - HC - Indian LawsRemoval from service - imputation against the petitioner was that he had claimed reimbursement, contrary to the Rules - he claimed bills for simultaneous treatment for overlapping periods under Allopathic and Ayurvedic medicines on four-five occasions - Held that:- Petitioner had claimed medical reimbursement contrary to the rules as simultaneous treatment under different streams of medicines was taken by the petitioner and his family members. Moreover, he claimed simultaneous bills for Allopathic, Ayurvedic and Homeopathic treatment of his wife and children on 9-10 occasions. Dr. S.K. Gupta, Medical Officer, Govt. Ayurvedic Dispensary, Hertbertpur, Dehradun, who was the prosecution witness No. 4 in the enquiry, categorically stated that Ayurvedic medicines could not be taken simultaneously with Allopathic and Homeopathic treatment. The petitioner had been regularly claiming bills for some of the chronic diseases from 1982 to 1988. When he was asked to appear before the Medical Board, the petitioner deployed a clever ploy by first denying access to the Medical Board to get his family members medically examined and wriggled out himself of the tight corner by pleading 'no disease'. The petitioner furnished a false information and claimed bills contrary to service rules for which penalty of removal from service was imposed upon him. The petitioner was working in a Nationalized Bank, where the required standard of integrity and honesty is very high. Therefore, the petitioner was expected to act and discharge his duties in accordance with the Rules and Regulations of the Bank. Acting beyond one's authority is by itself a breach of discipline and trust and a misconduct. No interference with the decision of the respondent as it does not shock the conscience of this Court.
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