Life Insurance Corporation v. The National Commission For

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.19243 & 19244 of 2018 Life Insurance Corporation of India, Represented by its Senior Divisional Manager, Divisional Office, Thanjavur.

...Petitioner

-Vs1.The National Commission for Schedule Case, State Office(Chennai), Shastri Bhavan, Floor 2 (Block 5), Chennai - 600 006.

2.Premalatha Natarajan

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the Minutes of hearing dated 27.07.2018 under Case No.20 and File No.9/48/2017/Rep(CGU) on the file of 1st Respondent and quash the same.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.P.Paul Pandi Central Government Standing Counsel for R1 Mr.R.Subramanian for Mr.V.Muthukmatchi for R2

ORDER

This writ petition has been filed challenging the interim order passed by the first respondent, dated 27.07.2018 in case No.20, and File No.9/4/2017/ Rep(CGU), thereby quashed the punishment imposed on the second respondent.

2.The second respondent while working as Higher Grade Assistant with the petitioner, due to some irregularities, she was imposed punishment of deduction by two stages in the time scale of basic pay as applicable to her cadre in terms of Regulation 39(1)(d) of the Life Insurance Corporation of India (Staff) Regulations, 1960. Therefore, the second respondent has lodged a complaint before the first respondent alleging various allegations including, awarding of punishment against her.

3.The first respondent entertained the complaint and passed an order on 27.07.2018, thereby directed the Zonal Manager, Life Insurance Corporation of India, Chennai to submit a report on the discrimination and quash the punishment order which is discriminatory in nature. The first respondent can conduct an enquiry and pass orders on the complaint lodged by the second respondent. He has no power to issue any directions to quash the punishment which was imposed by the petitioner on the second respondent.

4.In view of the above, the impugned order cannot be sustained and is liable to be quashed. The first respondent is directed to enquire the complaint lodged by the second respondent in the manner known to law and dispose of the same within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above said directions, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are also closed. 22.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To The National Commission for Schedule Case, State Office(Chennai), Shastri Bhavan, Floor 2 (Block 5), Chennai - 600 006

G.K.ILANTHIRAIYAN. J, RJR 22.11.2024