IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 6798 of 2010(Y) ------------------------------------ PETITIONER(S): ------------------------ A.BALAN, LIC AGENT, CODE NO.5064 79F. PANCHAJANYAM HIGH SCHOOL ROAD, PERAMBRA P.O., KOZHIKODE DISTRICT. BY ADVS.MR.P.K.SURESH KUMAR MR.V.C.MADHAVANKUTTY RESPONDENT(S): ------------------------ 1. LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS ZONAL MANAGER, SOUTH ZONE, CHENNAI. 2. THE SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE, KOZHIKODE. R1 & R2 BY ADV. MR.S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6798/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DTD. 2.7.08 PUBLISHED BY CERTAIN PERSONS IN THE NAME OF THE LIFE INSURANCE CORPORATION STATING THAT RECRUITMENT IS GOING TO TAKE PLACE TO VARIOUS POSTS IN THE MARKETING WING OF THE LIC. P2:- COPY OF THE LETTER DTD. 8.4.09 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P3:- COPY OF THE EXPLANATIO DTD. 30.4.09 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P4:- COPY OF THE SHOW CAUSE NOTICE DTD.30.1.2010 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P5:- COPY OF THE REPLY DTD. 8.2.2010 SUBMITTED BY THE PETITIONER TO EXT.P4. P6:- COPY OF THE ORDER DTD. 23.2.2010 ISSUED BY THE 2ND RESPONDENT. P7:- COPY OF THE LIC OF INDIA (AGENTS) RULES, 1972. P8:- COPY OF THE APPEAL DTD. 9.3.2010 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE REPORT DTD. 8.7.09. R1(b):- COPY OF THE MASS COMPLAINT DTD. 15.7.08 AGAINST THE PETITIONER. R1(c):- COPY OF THE LETTER DTD. 9.5.09. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.6798 OF 2010 ----------------------------------------------------- DATED THIS THE 24th DAY OF MARCH, 2010 J U D G M E N T This Writ Petition is filed challenging Exhibit P6 order by which the respondents effected termination of services of the petitioner under the Life Insurance Corporation of India (Agents) Rules, 1972 with immediate effect. 2. The proceedings were started against him based on certain allegations which are reflected in Exhibit P4 show cause notice to which the petitioner filed Exhibit P5 explanation. It is the case of the petitioner that no reasons have been pointed out in Exhibit P6 warranting termination of his service. 3. Subsequent to the filing of the Writ Petition, the petitioner has filed an appeal before the Zonal Manager as directed by this Court in the interim order dated 3.3.2010. This Court has also granted stay of the termination of service. 4. The learned Standing Counsel for the respondents opposed the continuance of the interim order. It is pointed out that the petitioner has approached this Court only after the W.P.(C)No.6798/10 -2- termination order has come into effect. 5. Since the appeal is pending, it is upto the 1st respondent to take a decision in the appeal as early as possible. There will be a direction to the 1st respondent to take a decision on the appeal, after hearing the petitioner, within a period of one month from the date of receipt of a copy of this judgment. The interim order granted by this Court regarding the stay of Exhibit P6 will continue till the appeal is disposed of, on condition that the petitioner will not canvass any fresh business till the appeal is disposed of. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn