Sandip Kumar Mallick vs Union Of India & Ors
2023 Latest Caselaw 4978 Cal

  223
11.8.2023

S.D.

W.P.A. 7199 of 2023 With CAN 1 of 2023 CAN 2 of 2023

Sandip Kumar Mallick Vs.

Union of India & Ors.

Mr. Debarshi Das ..For the petitioner Mr. Avishek Guha Mr. Rajiv Kumar ...for the LICI

The petitioner was required to show-cause against the

termination as per Rule 6(8) of the Life Insurance Corporation

of India Development Officers (Revision of Certain Terms and

Conditions of Service) Amendment Rules, 2016. The show-

cause notice was dated July 29, 2022. The petitioner gave a

reply to such show-cause on August 17, 2022. Thereafter, a

notice of termination was issued on June 8, 2023, when the

Court was in seisin of the matter.

Mr. Das, learned counsel appearing on behalf of the

petitioner/applicant submits that unless the order of

termination is kept in abeyance, the writ petition will become

infructuous.

Mr. Guha, learned counsel appears on behalf of the Life

Insurance Corporation of India. He refers to a judgment

reported in 2015 SCC Online KER 23029 (Life Insurance

Corporation of India & Anr. Vs. Union of India & Anr.) and

also an unreported judgment of Kerala High Court at

Ernakulam passed in W.P. (C ) 21711 of 2021 (Life Insurance

Corporation of India vs. Swathi Ganesh).

In both the aforesaid judgments, the Hon'ble Division

Bench of Kerala High Court quashed the order of termination

passed against Development Officers of LICI. In the

unreported judgment, the order quashing the order of

termination was directed to the extent that the Development

Officer was given a period of one year to reach the cost ratio of

35%, in view of the peculiar situation that arose in the country

due to COVID-19 Pandemic.

Mr. Guha submits that both the orders of Kerala High

Court were stayed by the Hon'ble Supreme Court in Special

Leave to Appeal (C) No. 15548 of 2022 and Special Leave to

Appeal (C) No. 10238 of 2016. Therefore, he submits that the

impugned order of termination should not be stayed by this

Court.

Considering the rival submissions of the parties and the

materials placed on record, this Court finds that both the

judgments of Kerala High Court have been passed at a final

stage upon considering the case of the parties on affidavits.

This Court also finds, that unless an interim order of

stay of termination notice is passed, the writ petition itself will

be rendered infructuous.

Therefore, let the order of termination dated June 8,

2023, issued by the Senior Divisional Manager be kept in

abeyance till such time the business of the Court permits to

take up the matter for final hearing.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Lapita Banerji, J.)