Kulbhushan Madan v. Life Insurance Corporation Of India, The Zonal Manager Northern Zone & ORS.

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 31st 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 r