Patna High Court
Uday Sahni vs Life Insurance Corporation Of ... on 17 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21 of 2021
======================================================
Amit Ranjan Son of Sri Rajeshwar Prasad Sharan Gangavila, Residing at
Subhash Colony, Mohalla- Chandmari, P.S.- Motihari, District- East
Champaran, Pin- 845401.
... ... Petitioner/s
Versus
1. Life Insurance Corporation of India through its Chairman, Yogashema,
Central Office, Jeevan Bima Marg, Mumbai- 400021.
2. Senior Divisional Manager (Disciplinary Authorities) Divisional Office,
Jeevan Prakash, Uma Shankar Marg, Muzaffarpur- 842002.
3. Manager (P and IR Deptt.) Divisional Office, Jeevan Prakash, Uma Shankar
Marg, Muzaffarpur- 842002.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10514 of 2020
======================================================
Uday Sahni Son of Sri Ugan Sahni Resident of Math Lohiar, P.S. Harsidhi,
P.O. Math Lohiar, Ward No.16, District East Champaran, Bihar, Pin- 845422.
... ... Petitioner/s
Versus
1. Life Insurance Corporation of India through its Chairman, Yogashema,
Central Office, Jeevan Bima Marg, Mumbai- 400021.
2. Senior Divisional Manager (Disciplinary Authorities), Divisional Office,
Jeevan Prakash, Uma Shankar Prasad Marg, Muzaffarpur- 842002.
3. Manager (P and IR Deptt.), Divisional Office, Jeevan Prakash, Uma Shankar
Prasad Marg, Muzaffarpur- 842002.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10798 of 2020
======================================================
Snehil Raj Son of Late Rajendra Nath Tiwari Residing at Srikrishna Nagar,
P.s.- Motihari Town, District- East Champaran, Pin-845401
... ... Petitioner/s
Versus
1. Life Insurance Corporation of India through its Chairman, Yogashema,
Central Office, Jeevan Bima Marg, Mumbai-400021
2. Senior Divisional Manager (Disciplinary Authorities) Divisional Office,
Jeevan Prakash, Uma Shankar Prasad Marg, Muzaffarpur-842002
3. Manager (P and IR Deptt.) Divisional Office, Jeevan Prakash, Uma Shankar
Patna High Court CWJC No.21 of 2021 dt.17-11-2021
Prasad Marg, Muzaffarpur-842002
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 203 of 2021
======================================================
Brajesh Kumar, Son of Sri Prabhunath Mishra Resident of Mathiya
Chhatauni, Bangali Colony (Behind house of Dr. P.K. Tiwari), P.S.- Motihari,
District- East Champaran, Bihar, Pin-845401
... ... Petitioner/s
Versus
1. Life Insureance Corporation of India through its Chairman, Yogashema,
Central Officer, Jeevan Bima Marg, Mumbai-400021
2. Senior Divisional Manager (Disciplinary Authorities) Divisional Office,
Jeevan Prakash , Uma Shankar Prasad Marg, Muzaffarpur-842002
3. Manger (P and IR Deptt.) Divisional Office, Jeevan Prakash, Uma Shankar
Prasad Marg, Muzaffarpur-842002
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 21 of 2021)
For the Petitioner/s : Mr.Prakash Kumar
For the Respondent/s : Mr.Chandra Mohan Jha
(In Civil Writ Jurisdiction Case No. 10514 of 2020)
For the Petitioner/s : Mr.Prakash Kumar
For the Respondent/s : Mr.Chandra Mohan Jha
(In Civil Writ Jurisdiction Case No. 10798 of 2020)
For the Petitioner/s : Mr.Prakash Kumar
For the Respondent/s : Mr.Chandra Mohan Jha
(In Civil Writ Jurisdiction Case No. 203 of 2021)
For the Petitioner/s : Mr.Prakash Kumar
For the Respondent/s : Mr.Chandra Mohan Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-11-2021
In these matters, the petitioners have sought for
following reliefs:
"(i) For issuance of appropriates
writ/writs in the nature of writ of certiorari to
quash the order of penalty dated 31.03.2020
(Annex-5) in so far as the same affects the
petitioner, and its consequential order dated
02.06.2020 (Annex-6) imposed by the
disciplinary authority-respondent no. 2 in a
departmental proceeding by which the service
Patna High Court CWJC No.21 of 2021 dt.17-11-2021
of the petitioner has been transferred from
Motihari Branch Office of the LIC of India
(hereinafter called Corporation) to Jhanjharpur
Branch Office of the LIC, with stay of
minimum three years as being wholly without
jurisdiction and misuse of Regulation 39(I) of
Life Insurance Corporation of India (staff)
Regulation, 1960 (hereinafter called the staff
regulation).
(ii) For direction/directions to the
respondents to recall the penal order dated
31.03.2020 (Annexure-5) and to reinstate the
petitioner at Motihari Branch Office in so far as
both the above orders affects the petitioner with
regard to his transfer of service from Motihari
to Jhanjharpur Branch Office as being arbitrary,
mala-fide, misuse and abuse of the process of
law.
(iii) For grant of any other relief or
reliefs as made available to the petitioner as per
the law."
Learned counsel for the respondent-LIC, on
instruction, submitted that there is no objection to dispose of
these petitions in terms of the order passed in C.W.J.C. No. 7065
of 2020 dated 21.08.2021 (Annexure-7 to the writ petition).
Such statement is taken on record.
Accordingly, the above petitions stand disposed of
in terms of the order dated 21.08.2021 passed in C.W.J.C. No.
7065 of 2021. All the impugned orders are set aside.
(P. B. Bajanthri, J)
rakhi
AFR/NAFR
CAV DATE
Uploading Date 22.11.2021
Transmission Date
