Delhi High Court
Kulbhushan Madan vs Life Insurance Corporation Of ... on 23 September, 2015
Author: Sunil Gaur
I-11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: September 23, 2015
+ W.P.(C) 9135/2015 & C.M. 20771-72/2015
KULBHUSHAN MADAN ..... Petitioner
Through: Mr. Amit Sarkar, Advocate
Versus
LIFE INSURANCE CORPORATION OF INDIA, THE ZONAL
MANAGER NORTHERN ZONE & ORS. ..... Respondents
Through: Mr. P.C. Yadav & Mr. Sanjay
Rawat, Advocates
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Petitioner is a Development Officer with respondent-Life Insurance
Corporation of India (henceforth referred to as 'LIC of India'), who was
served with Show Cause Notice of 7th January, 2015 in terms of Rule 7 of
the Life Insurance Corporation of India (Revision of Certain Terms and
Conditions of Service) Rules, 2009.
Petitioner claims that vide Communication of 31 st October, 2014
(Annexure P-6 colly), he had sought certain documents to enable him to
file response to the aforesaid Show Cause Notice, which have not been
supplied to him till date. It is pointed out that again another Show Cause
Notice of 4th August, 2015 under Sub-Rule 8 of Rule 6 read with Rule 7
of Life Insurance Corporation of India (Revision of Certain Terms and
Conditions of Service) Rules, 2009 was issued to petitioner, which is
unwarranted because petitioner is not covered under Rule 7 or Sub-Rule 8
of Rule 6 of Life Insurance Corporation of India (Revision of Certain
Terms and Conditions of Service) Rules, 2009. Learned counsel for
petitioner submits that the information sought vide aforesaid
Communication of 31st October, 2014 (Annexure P-6 colly) is essential
for giving effective response to the impugned Show Cause Notices.
This is disputed by learned counsel for respondent- LIC of India.
Be that as it may. In the facts and circumstances of this case, it is
deemed appropriate to direct respondent-LIC of India to provide the
information sought vide Communication of 31st October, 2014 (Annexure
P-6 colly) to petitioner within four weeks. Let petitioner file response to
the Show Cause Notices of 7th January, 2015 and 4th August, 2015 within
four weeks thereafter. The Authorities concerned are directed to take a
decision on the Show Cause Notices in question within a period of eight
weeks thereafter and intimate about its fate to petitioner forthwith. If a
decision has been already taken on the impugned Show Cause Notices of
7th January, 2015 and 4th August, 2015, then the same be reconsidered
after response thereto is furnished by petitioner within the above
stipulated time. Until and unless a decision upon these Show Cause
Notices is taken by respondent-LIC of India, no steps to terminate
services of petitioner be undertaken.
With aforesaid directions, this petition and applications are
disposed of.
Copy of this order be given dasti to counsel representing both the
sides.
(SUNIL GAUR)
JUDGE
September 23, 2015
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