Dr.K.Rayar, Sr.No.521929 v. The Chairman, Life Insurance
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2017 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WRIT PETITION No.18228 of 2017 and W.M.P.No.19816 of 2017 Dr.K.Rayar,SR.No.521929 L.I.C.Development Officer (under suspension) 3/139, Jayasuriya mahal, (Opp.To Avin Milk), Trichy Main Road, Villupuram - 605 401 Villupuram District.
... Petitioner Vs.
1. The Chairman, Life Insurance Courporation of India, Central Office, L.I.C.Buildng - 5th Floor-West Wing, Yogakshema, Jeevan Bhima Marg, Nariman Point, Mumbai - 400 021.
2. The Zonal Manager, LIC Zonal Office, South Zone, 12th Floor, L.I.C.Building, No.153, Anna Salai, Chennai - 600 002.
3. The Regional Manager(P & I.R.), LIC Zonal Office, South Zone, 7th Floor, L.I.C. Building, No.153, Anna Salai, Chennai - 600 002.
4. The Senior Divisional Manager,
5. Thiru.S.V.Sathiyanarayana, Enquiry Officer & Divisional Manager(OS),
6. Thiru.B.Thulasiraman, Presenting Officer & A.O., (L & HPF),
7. The Branch Manager, L.I.C.Branch Office, Villupuram Branch, East Pondy Street, Villupuram - 605 401.
...
Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus and call for the records relating to the suspension order passed in Proceedings No. Nil dated 07.06.2017 passed by the 4th respondent and quash the same and consequently, direct the respondents to grant all the service and monetary benefits within a time limit to be fixed by this Hon'ble Court. For Petitioner: Mr.D.Prabhumukunth Arunkumar
O R D E R
The order of suspension dated 7th June, 2017 is under challenge in this writ petition. The writ petitioner was holding the Post of Development Officer in Life Insurance Corporation of India, Villupuram Branch.
2. The learned counsel appearing for the petitioner contended that earlier the writ petitioner was removed from service and by virtue of the order passed by this Court, he was reinstated and was continuing in the same post of Development Officer. Charges were framed against the writ petitioner and pursuant to the charges, enquiry officer was appointed and the domestic enquiry was in progress. At this point of time, instead of completing the enquiry and passing final order in the disciplinary proceedings, the respondents have chosen to place the writ petitioner under suspension only with some ulterior motive and in order to harass the writ petitioner.
3. The learned counsel further contended that the writ petitioner is in verge of consideration for the post of Board Member and purposely and in order to curtail the opportunity of the writ petitioner, the impugned order of suspension is issued. This Court is of the view that suspension is not a punishment and the reasons stated in the suspension order are as below: " WHEREAS, Shri.K.Rayar, SR No.521929, Development Officer, Code No.744, Villupuram Branch Office under Vellore Division had acted in a manner subversive of discipline and indulged in tampering and destruction of official records while the enquiry proceedings against him were going on at LIC of India, Divisional Office, Vellore on 05.06.2017."
4. Admittedly, the disciplinary proceedings are pending against the writ petitioner and the charge memo was issued and the domestic enquiry is in progress. The reason stated in the impugned order of suspension is that the writ petitioner had indulged in tampering and destruction of official records while the enquiry proceedings against him were going on at Life Insurance Corporation of India, Divisional Office, Vellore on 5th June, 2017. Thus, the disciplinary authority found that the presence of the writ petitioner in the office is creating certain inconveniences as he would be indulging in certain irregular activities. Having no other way, the respondents issued the order of suspension in order to keep the writ petitioner away from the office during the pendency of the disciplinary proceedings.
Thus, there is every reason to believe that the order of suspension is just a necessary under the given circumstances. The writ petitioner has to face the domestic enquiry and prove his innocence by producing necessary evidences or documents, instead he has further indulged in such activities, which is unwarranted.
5. Under these circumstances, the order of suspension issued against the writ petitioner is undoubtedly justified and thus, this Court is not inclined to consider the grounds raised in this writ petition. Accordingly, the writ petition stands dismissed.
However, there is no order as to costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak/maya
To
1. The Chairman, Central Office, L.I.C.Buildng - 5th Floor-West Wing, Yogakshema, Jeevan Bhima Marg, Nariman Point, Mumbai - 400 021.
2. The Zonal Manager, LIC Zonal Office, South Zone, 12th Floor, L.I.C.Building, No.153, Anna Salai, Chennai - 600 002.
3. The Regional Manager(P & I.R.), LIC Zonal Office, South Zone, 7th Floor, L.I.C. Building, No.153, Anna Salai, Chennai - 600 002.
4. The Senior Divisional Manager,
5. The Branch Manager, L.I.C.Branch Office, Villupuram Branch, East Pondy Street, Villupuram - 605 401.
+ 1 cc to Mr.Chandrasekar, Advocate SR.50497 + 1 cc to Mr.Prabhumukunth Arunkumar, Advocate SR.50489 W.P.No.18228 of 2017 MG(CO) Eu 08.08.17