Balwinder Kalia v. Union Of India & ORS

C. W. P. No. 5201 of 2015 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 110 Case No. : C. W. P. No. 5201 of 2015 Date of Decision : March 20, 2015 Balwinder Kalia ....

Petitioner Vs.

The Union of India and others ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * To be referred to Reporters or not ?

Whether the judgment should be reported in the digest ? * * * Present :

Mr. Jasmeet Singh Ghumman, Advocate for the petitioner.

* * * DEEPAK SIBAL , J.

:

On oral request of the learned counsel for the petitioner, the Managing Director, Life Insurance Corporation of India, Central Office, Jeevan Bima Marg, Mumbai is ordered to be impleaded as respondent no. 4 to the writ petition.

Amended `Memo of Parties' filed today in Court by learned counsel for the petitioner is taken on record.

C. W. P. No. 5201 of 2015 2 The services of the petitioner were terminated vide order dated 02.01.2015 (Annexure P-6). Against the order of termination, the petitioner has filed an appeal before the Appellate Authority under Rule 7(2) of the Life Insurance Corporation of India Development Officers (Revision of certain Terms and Conditions of Service) Rules, 2009. Counsel for the petitioner states that the appeal was filed on 28.01.2015, but the same has not been decided till date. It is further submitted that since the termination order dated 02.01.2015 was to take effect on expiry of three months from the date of receipt of order of termination, which was received by the petitioner on 13.01.2015, he shall stand relieved in pursuance thereof on 13.04.2015.

In view of the above, at this stage, counsel for the petitioner prays that a direction be issued to respondent no. 4 to consider and decide the appeal of the petitioner before the petitioner would stand relieved, after giving him opportunity of hearing. I find the prayer made by learned counsel for the petitioner to be reasonable.

Accordingly, at this stage, without commenting on the merits of the case, the writ petition is disposed of with a direction to respondent no. 4 to take final decision on the appeal dated 28.01.2015 (Annexure P-7), filed by the petitioner, by passing a speaking order, and after giving him opportunity of hearing, not later than two weeks from the date of receipt of a certified copy of this order.

C. W. P. No. 5201 of 2015 3 Needless to add that the decision so taken be communicated to the petitioner and if the decision is not to the satisfaction of the petitioner, he would be at liberty to challenge the same, in accordance with law. ( DEEPAK SIBAL ) JUDGE March 20, 2015 monika