P.Suryaprakash v. Life Insurance Corporation Of India,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO:9235 OF 2009 ORDER:

1. This writ petition is filed seeking to declare the proceedings dated 27.8.2008 issued by the 3rd respondent as illegal and arbitrary and consequently to set aside the same.

2. The petitioner was initially appointed as Rural Career agent in LIC at Tirupathi Branch and he was entrusted with the work of procuring the business for LIC. Later, he was transferred to Madanapalli Branch in the year 1997 and since then he has been continuing as agent. He achieved the targets and obtained the membership in the Zonal Member (ZM) Club and he also became eligible to get the membership in CM club. While so, on 15.3.2008 a Dharna was conducted by all the agents at LIC Branch Madanapalle due to misbehaviour of one Lingamurthy, Administrative Officer, LIC, Madanapalle Branch. On the next day, a General Meeting for agents was conducted. Incidentally, the petitioner did not attend that meeting. On that, the respondents bore grudge against the petitioner and issued notices to the petitioner. The petitioner gave explanation. No enquiry was conducted. But the 3rd respondent issued the proceedings under challenge withdrawing ZM Club Membership of the petitioner for one Year i.e., 2008-2009. Hence, the petitioner approached this Court.

3. On 30.4.2009 while admitting the writ petition, this Court granted interim suspension of the proceedings under challenge.

4. When this matter has come up for hearing, the learned Counsel for the respondents submitted that in view of the interim suspension granted by this Court, they have not proceeded further against the petitioner.

5. While submitting that the said punishment period has already elapsed and the

present writ petition has become infructuous, the learned Counsel for the petitioner raised a ground that order of suspension of membership of the petitioner in ZM club for a period of one year may become an impediment for his future promotions and also for other benefits.

6. It is apparent on the face of the record that so far, the respondents have not filed any application seeking to vacate the interim suspension granted by this Court. Thereby, the interim suspension granted by this Court has become absolute till now. Further, the learned Counsel for the respondents also submitted that the present writ petition has become infructuous.

7. Under the above circumstances, the Writ Petition is dismissed as infructuous. No order as to costs. Consequently, the miscellaneous petitions pending, if any, shall stand dismissed.

8. However, it is made clear that the suspension of membership of the petitioner in ZM Club for a period of one year viz., 2008-2009 shall not come in the way of his future promotions and other benefits.

___________________ Justice Raja Elango Date:1.4.2015 NN HONOURABLE SRI JUSTICE RAJA ELANGO

WRIT PETITION NO:9235 OF 2009 DATE:1.4.2015.

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