Latha Mangai, v. The Senior Divisional Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.5523of 2015 and M.P.(MD)Nos.1 to 3 of 2015 Latha Mangai ... Petitioner Vs.

The Senior Divisional Manager, Life Insurance Corporation of India, Thanjavur Division, Thanjavur.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned order in Show Cause Notice dated 27.03.2015 passed by the respondent and quash the same as illegal and unconstitutional.

For Petitioner : Mr. M. Karunanithi For Respondent : Mr.G.R.Swaminathan

O R D E R

This writ petition is filed seeking a Writ of Certiorari to call for the records pertaining to the impugned order in Show Cause Notice dated 27.03.2015 passed by the respondent and quash the same as illegal and unconstitutional.

2.Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.

3.The learned Counsel for the petitioner would submit that the petitioner joined as Life Insurance Agent in the Life Insurance Corporation of India, after passing the examination conducted by Insurance Regulatory and Development Authority and now she is working as a Life Insurance Agent, Kulithalai Branch, Life Insurance Corporation of India, Karur District. He would further submit that she was appreciated by her superiors, for securing huge number of policy holders within a short peirod and she was also promoted as Chief Life Insurance Advisor, as a contribution to her for securing nine Life Insurance Policy holders https://hcservices.ecourts.gov.in/hcservices/

among the weaker section of people. He would further submit that in these circumstances, the respondent has issued show cause notice, dated 27.03.2015, alleging that she has forged premium receipt to the policy holders and also misguided her supervisory agents with regard to issuance of self cheques and also it was alleged that the petitioner had recycled the death claim settlement, to create proposal deposit. He would also submit that prior to show cause notice, the petitioner was called upon to explain about the allegations levelled against her and she also submitted her explanation through her letters dated 17.09.2012 and 20.02.2013 and after two years, now the show cause notice has been issued by the respondent. Challenging the same, the petitioner is before this Court by filing this Writ Petition seeking the aforesaid relief.

4.The learned Counsel appearing for the respondent would submit that the respondent has issued only a show cause notice seeking explanation for the allegations levelled against the petitioner and the petitioner can very well file her necessary objections.

5. In view of the above facts, it is very clear that the petitioner has challenged only the show cause notice issued by the respondent and the petitioner can very well file her necessary objections. Hence, the petitioner is permitted to file her objections within a period of two weeks from the date of receipt of a copy of this order. On such receipt of the objections, the Authority concerned shall consider the same and pass appropriate orders on merits and in accordance with law, after due opportunity to the petitioner.

6.With the above directions, the Writ Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Asst. Regustrar( ) /True copy/ Sub Asst. Registrar To The Senior Divisional Manager, Life Insurance Corporation of India, Thanjavur Division, Thanjavur.

+.1cc. To Mr. G.R.Swaminathan Advocate Sr.35251 +1cc to MR.M.Karunanithi, Advocate Sr.No.34867 ssl SB:9/7/2015 4C W.P(MD)No.5523of 2015 and M.P.(MD)Nos.1 to 3 of 2015 30.06.2015 https://hcservices.ecourts.gov.in/hcservices/