IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 8557 of 2006(R) ------------------------------------- PETITIONER(S): ---------------------- AMMINI. P.R., W/O.LATE P.K.GOPALAKRISHNAN, AGED 58 YEARS, L.I.C. AGENT CODE NO.00921792, PATHIYARIL HOUSE, WEST NADA, IRINJALAKUDA. BY ADV. MR.RENJITH THAMPAN SMT.P.A.ANITHA RESPONDENT(S): ------------------------ 1. LIFE INSURANCE CORPORATION OF INDIA, REPRESENTED BY THE ZONAL MANAGER, L.I.C. OF INDIA, ZONAL OFFICE, CHENNAI. 2. THE SENIOR DIVISIONAL MANAGER, (DISCIPLINARY AUTHORITY), LIC OF INDIA, DIVISIONAL OFFICE, M.G.ROAD, ERNAKULAM. 3. THE BRANCH MANAGER, L.I.C. OF INDIA, BRANCH OFFICE, IRINJALAKUDA. R1 TO R3 BY ADV. MR.S.EASWARAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8557/2006-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER BY E.S. BINDIYA DATED 06/09/2004. EXT.P2: COPY OF THE MEMO ISSUED BY THE 2ND RESPONDENT DATED 09/04/2005. EXT.P3: COPY OF THE REPLY FILED BY THE PETITIONER DATED 09/05/2005. EXT.P4: COPY OF THE ORDER OF THE DISCIPLINARY AUTHORITY DATED 18/11/2005. EXT.P5: O.P. NO. APEAL BEFORE THE 1ST RESPONDENT DATED 06/01/2006. EXT.P6: COPY OF THE ORDER DATED 06/01/2007 OF THE ZONAL MANAGER. EXT.P7: COPY OF THE ORDER DATED 26/02/2008 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.8557 of 2006 - R ---------------------------------------- Dated 7th October, 2009 Judgment Heard Sri.Ranjith Thampan, the learned counsel appearing for the petitioner and Sri.S.Easwaran, the learned counsel appearing for the Life Insurance Corporation of India. 2. The petitioner was an agent of the Life Insurance Corporation of India for the past several years. By Ext.P4 order dated 18.11.2005, her agency was terminated. Forfeiture of the renewal commission was also ordered. The petitioner thereupon filed Ext.P5 appeal. By Ext.P6 order passed on 6.1.2007, the first respondent rejected the appeal. The petitioner thereafter filed W.P.(C) No.3591 of 2007 in this Court. Pursuant to the directions therein, the second respondent reconsidered the matter and thereafter passed Ext.P7 order dated 26.2.2008. Ext.P7 is under challenge in this writ petition. 2. Sri.S.Easwaran, the learned counsel appearing for the Life Insurance Corporation of India submits that if the petitioner W.P.(C) No.8557/2006 2 is aggrieved by Exts.P4 and P7 orders, she can file a memorial before the Chairman of the Life Insurance Corporation of India under Regulation No.24 of the LIC of India (Agent's) Regulations, 1972 and that if the petitioner files such a memorial within one month from today, the Chairman of the Life Insurance Corporation of India will consider the same and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. 3. In the light of the said submission, I dispose of this writ petition with the direction that in the event of the petitioner filing a memorial under Regulation No.24 of the LIC of India (Agent's) Regulations, 1972 before the Chairman of the Life Insurance Corporation of India within one month from today, the Chairman of the Life Insurance Corporation of India shall consider the same and pass orders thereon after affording the petitioner a reasonable opportunity of being heard in person. Final orders in the matter shall be passed within three months from the date on which the petitioner moves the Chairman of the Life Insurance Corporation of India. The Chairman shall pass an order giving reasons in support of his conclusions and W.P.(C) No.8557/2006 3 as soon as orders are passed, communicate a copy thereof to the petitioner. The petitioner's contentions on the merits are kept open. P.N.RAVINDRAN Judge vaa