Subhradeep Mazumder vs Life Insurance Corporation Of ...
2021 Latest Caselaw 843 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA

                             WP(C) 337 OF 2020

Subhradeep Mazumder,
S/o Sri Dilip Majumder, resident of Krishnanagar, Nutan Palli, Agartala,
West Tripura, PIN-799001.
                                                               ...Petitioner

                                    Vrs

1. Life Insurance Corporation of India,
To be represented through its Chairman, LICI, Central Office at
"Yagakshema" Building, J.B. Marg, Nariman Point, Mumbai-40021.

2. The Managing Director, Life Insurance Corporation of India,
Central Office, "Yagakshema" Building, J.B. Marg, Nariman Point,
Mumbai-40021.

3. The Senior Divisional Manager, Life Insurance Corporation of India,
Divisional Office, Silchar Division, Meherpur, PIN-788015.

4. The Branch Manager, Life Insurance Corporation of India,
Branch-II, Agartala, P.O.-Agartala, P.S.-West Agartala,
District-West Tripura, PIN-799001.

                                                            ...Respondents

Present:

For the petitioner (s) : Mr. P. Roy Barman, Sr. Advocate.

Mr. S. Bhattacharjee, Advocate.

For the respondent (s) : Mr. P.K.Ghosh, Advocate.

    Date of hearing &          : 06.09.2021
    judgment and order

    Whether fit for            : No
    reporting



              HON'BLE MR.JUSTICE ARINDAM LODH

                   JUDGMENT AND ORDER (ORAL)

Heard Mr. P. Roy Barman, learned Sr. counsel assisted by Mr.

S. Bhattacharjee, learned counsel appearing for the petitioner.

2. Briefly stated, the petitioner, in response to an advertisement

notified by the respondents, participated in the selection process for filling

up the post of Assistant, Cashier, Single Window Operator etc.

3. Para 11 of the notification of the advertisement is relevant to

the issue raised in the petition which is as under:-

"11. Biometric Data- Capturing and Verification a. The biometric data (right thumb impression or otherwise) and photograph of the candidates will be captured and verified during the process of recruitment on the following stages:

(i) Before the start of the Preliminary/Online examination.

(ii) At the time of entry and exit during Main examination.

(iii) At the time of document verification after the Main Examination for final selection based on merit.

(iv) At the time of reporting for the training. b. Decision of the Biometric data verification authority with regard to its status (matched or mismatched) shall be final and binding upon the candidates.

c. Refusal to participate in the process of biometric data capturing/verification on any of the above mentioned occasions may lead to cancellation of candidature.

d. If fingers are coated (stamped ink/mehandi/coloured etc.), ensure to thoroughly wash them so that coating is completely removed before the exam/time of document verification after final selection/joining day.

e. If fingers are dirty or dusty, ensure to wash them and dry them before the finger print (biometric) is captured.

f. Ensure fingers of both hands are dry. If fingers are moist, wipe each finger to dry them.

g. If the primary finger (right thumb) to be captured is injured/damaged, immediately notify the concerned authority in the test centre. In such cases impression of other fingers, toes etc. may be captured.

h. Please note that apart from the occasions mentioned above, LIC reserves the right to capture/verify biometric data of candidates at other stages as well."

4. Having perused the above conditions, regarding biometric

impression, the petitioner applied for the post Online.

4.1 The petitioner appeared at preliminary examination and

thereafter in the main examination, but, during the process, his finger prints

and biometric impressions were found to be mismatched. It is pertinent to

mention that LICI had given the right to conduct the selection process to

the Tata Consultancy Service ("TCS", for short). The "TCS" has not been

made party. However, it is found that the petitioner has succeeded in both

the examinations.

5. Before appearing in the main examination, a call letter was

issued for Phase-II, main examination (Annexure-3 to the writ petition). In

the call letter some instructions were embodied. The relevant instructions

may be extracted here-under:

".....4. Candidates should put their Left Thumb Impression clearly and sign in the respective space provided on the call-letter in the presence of the invigilator.

5. Biometric data (thumb impression and photograph) will be captured at the examination venue. With regards to the same, please note the following:

(a) If fingers are coated (stamped ink/mehndi/colored etc), ensure to thoroughly wash them so that coating is completely removed before the exam day.

(b) If fingers are dirty or dusty, ensure to wash them and dry them before the finger print (biometric) is captured.

(c) Ensure fingers of both hands are dry. If fingers are moist, wipe each finger to dry them.

(d) If the primary finger (right thumb) to be captured is injured/damaged, immediately notify the concerned authority in the test centre. (Any failure to observe these points will result in non- admittance for the examination)

(e) If the Biometric data captured does not match with Biometric data captured in next stages of recruitment the candidature is liable to be declined. ...."

6. Ultimately, the petitioner appeared and became successful in

the main examination.

7. In view of that, the petitioner was favoured with the issuance

of appointment letter dated 03.02.2020. The conditions for such

appointment were that the petitioner would be on probation for a period of

six months from the date of his joining. Another most important and vital

condition which involves the main issue of the present writ petition, as

embodied at Para 8 of the appointment letter, speaks as follows:-

"8. Your appointment is subject to the decision of our higher office regarding your status as 'Not Matched' in the Biometric Authentication done on 03.02.2020 in LIC of India, Silchar Divisional Office. Your confirmation in the services of the Corporation will be subject to satisfactory performance during the period of probation as stated above."

8. By the communication dated 19-03-2020, the petitioner was

informed that higher office of the respondents did not approve the

continuation of the service of the petitioner as Assistant in view of his

status as "Not Matched" in the Biometric authentication done on

03.02.2020 in LIC of India, Silchar Division Office. Accordingly, as per

terms and conditions mentioned in the appointment letter and in accordance

with Rule 14 (4) of the Life Insurance Corporation of India (Staff)

Regulations 1960, the petitioner was discharged from service of the LIC of

India with immediate effect.

9. Having discharged from service, the petitioner submitted a

representation (Annexure-8 to the writ petition) explaining the reasons for

such 'mismatch' of his thumb impression. This representation has not been

disposed of till today.

10. Mr. Roy Barman, learned Sr. counsel appearing for the

petitioner has submitted that the decision of the respondents discharging

the petitioner from the service is arbitrary and illegal. Learned Sr. counsel

has further submitted that even the respondents did not dispose of the

representation submitted by the petitioner.

11. Mr. Ghosh, learned counsel appearing for the respondents-LIC

of India has submitted that the instant writ petition raised serious disputed

question of facts which cannot be decided by this court in exercise of its

jurisdiction under Article 226 of the Constitution of India. Learned counsel

for the respondents has further submitted that the decision for discharging

the petitioner from the service was based on the findings and the report

made by the "TCS" who conducted the entire selection process.

12. Mr. Ghosh, learned counsel has emphatically submitted that in

the call letter it was clearly noted that the finding of the agency regarding

biometric impression shall be final and binding upon the candidate.

13. Having considered the submissions advanced by the learned

counsels appearing for the parties, in my opinion, there is no mechanism

before this court to determine the issue raised in this writ petition

conclusively as to how and whether the biometric impression concerning to

the petitioner is genuine or not. However, it has come to light that the

representation dated 3rd April, 2020 submitted by the petitioner to the Sr.

Divisional Manager, LICI, Silchar Divisional Office has not been disposed

of till today.

14. In the premise, I direct the respondents to dispose of the

representation and examine the issue afresh as are available from the facts

stated in the writ petition as well as in the representation. In the process, the

respondents may take the assistance of forensic examination to find out the

claim of the petitioner qua authenticity of the thumb impression of the

petitioner. The LICI authority shall communicate its decision on the

representation by a speaking order. The entire process of such

consideration shall be completed within a period of four months from the

date the LICI shall receive the copy of this order.

With the aforesaid observations and directions, the instant writ

petition stands disposed.

JUDGE