Paras Nath Prasad v. The Life Insurance Corporation Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6709 of 2021 ====================================================== Paras Nath Prasad S/o Shyamdeo Prasad R/o Mohalla- Kot Bazar, Near Khemka Hospitla, Sitamarhi Town, P.S. and District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The Life Insurance Corporation of India through its Chairman, Yogachhem, Jeevan Bima Marg, Post Box No. 19953, Mumbai- 400021. 2.

The Zonal Manager, East Central Zone, Marketing Department, Jeevan Deep Building, 5th Exhibition Road, Patna- 800001. 3.

Senior Divsional Manager, Life Insurance Corporation of India, Muzaffarpur Division, Muzaffarpur.

4.

The Branch Manager, Sitamarhi Branch Office, Sitamarhi. 5.

Sri P.K. Gupta, Manager (HD)-cum-Enquiry Officer, Life Insurance Corporation of India, Muzaffarpur Division, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Respondent/s :

Mr. Sameer Sawarn, Advocate Mr. Rajni Kant Singh, Advocate Mr. Vaibhava Veer Shanker, Advocate Mr. Rakesh Kumar, Advocate Mr. Abhimanyu Vatsa, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 28-01-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner has approached this Court seeking quashing of an order dated 07.01.2021, passed by the Zonal Manager, Life Insurance Corporation of India (for short 'the

Patna High Court CWJC No.6709 of 2021(2) dt.28-01-2022 2/3 Corporation), whereby an order passed by the Senior Divisional Manager of the Corporation at Muzaffarpur terminating the petitioner's status as an agent of the Corporation has been affirmed. The order of the Senior Divisional Manager has the effect of forfeiture of renewal commissions payable to the petitioner under Rule 19(1) read with 10(6) of the Life Insurance Corporation of India (Agents) Regulations, 2017 (for short 'the Regulations').

Learned counsel for the petitioner, after some argument, seeks permission to withdraw this application with a liberty to prefer a memorial before the Chairman of the Corporation under Regulation 24 of the Regulations. Considering the facts and circumstances, this application is permitted to be withdrawn with a liberty to the petitioner to prefer memorial under Regulation 24 of the Regulations.

It is noted at this stage that a person can prefer memorial under Regulation 24 of the Regulations within a period of three months from the date of receipt of a copy of the order of the Appellate Authority. The impugned order of the Appellate Authority was passed on 07.01.2021. The petitioner approached this Court soon thereafter on 05.03.2021 by filing

Patna High Court CWJC No.6709 of 2021(2) dt.28-01-2022 3/3 the present writ application. In such view of the mater, it is observed that if the petitioner files his memorial within two weeks from today, the authority dealing with the petitioner's memorial shall not reject the petitioner's application on the ground of the same being time barred, as the petitioner was pursuing his remedy before this Court by filing the present writ application.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) Rajesh/- U