IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 RP.No. 408 of 2008(Y) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.6090/2001 .................... REVIEW PETITIONERS/RESPONDENTS. ------------------------------------------------------ 1. LIFE INSURANCE CORPORATION OF INDIA, REPRESENTED BY ITS CHAIRMAN, CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BIMA MARG, MUMBAI - 400 021. 2. CHAIRMAN, LIFE INSURANCE CORPORATION OF INDIA, CENTRAL OFFICE, YOGAKSHEMA, JEEVAN BIMA MARG, MUMBAI - 400 021. 3. ZONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, SOUTHERN ZONAL OFFICE, L.I.C. BUILDING, ANNA SALAI, CHENNAI - 600 002. 4. SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE, NAGAMPADAM, KOTTAYAM - 686 001. BY ADV. SRI.S.EASWARAN RESPONDENTS: PETITIONER. ---------------------------------------- K.J.THOMAS, KOLARAYIL HOUSE, THALAYOLAPARAMBU P.O., KOTTAYAM. BY ADV.SRI.O.V.RADHAKRISHNAN. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - RP.No. 408/2008 in OP.No.6090/2001-Y - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008. ORDER This Review Petition is at the instance of the Life Insurance Corporation of India and its officers who were respondents in the Original Petition. By judgment dated November 21, 2007 the Original Petition was disposed of with a direction to the Corporation to institute an enquiry in the matter of termination of the agency of the writ petitioner. As agreed by the parties, it was recorded in the judgment that it would be open to the Corporation to designate the Senior Divisional Manager, respondent No.4, in the Original Petition, as the Enquiry Officer. 2. In the Review Petition it is averred that the Corporation found it difficult to spare the services of respondent No.4 because of his pre-occupations in connection with administrative functions. The Corporation had therefore designated Sri.S.Aravindakshan Nair, Manager (F & A) as the Enquiry Officer who had issued Annexure A1 notice scheduling the enquiry to commence on February 27, 2008. 3. Sri. O.V.Radhakrishnan, learned senior counsel for the writ petitioner, takes strong exception to the unilateral and unauthorised action of the Corporation in designating Sri.S.Aravindakshan Nair as the Enquiry Officer. As rightly pointed out by the learned senior counsel, the Corporation could not have designated any officer other than the Senior Divisional Manager. Before doing so, the RP.408/08 2 Corporation ought to have sought an appropriate direction from this Court. 4. Anyhow Sri. Easwaran, learned counsel for the Corporation fairly concedes that the action of the Corporation was a little hasty. He submits that the action was not at all intentional or in disobedience of the direction issued by this Court. He further submits that the order appointing Sri.S.Aravindakshan Nair as Enquiry Officer will be withdrawn forthwith under communication to the writ petitioner. Sri. Easwaran prays for an appropriate clarification enabling the Corporation to appoint another Senior Officer as Enquiry Officer. 5. Learned senior counsel has no objection to the above proposal. His only anxiety is that petitioner should be given sufficient notice. He points out that in fact Annexure A1 was never served on the petitioner. Such communication gap should not occur again, learned senior counsel submits. In the above facts and circumstances the Review Petition is disposed of with a direction to the Corporation to withdraw or revoke the decision taken by the Corporation appointing Sri.S. Aravindakshan Nair as the Enquiry Officer and also to withdraw Annexure A2. It will be open to the Corporation to appoint any other senior officer as the Enquiry Officer. The enquiry shall be completed within three months from today. A.K. Basheer Judge. an.