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1999 Supreme(Cal) 543

SATYABRATA SINHA, MAHEMMAD HABEEB SHAMS ANSARI
Jyotish Chandra Biswas – Appellant
Versus
Life Insurance Corporation of India – Respondent


Advocates:
Advocate Appeared:
Mr. Milan Ch. Bhattacharyya and Pradyut Kr. Saha - for the Appellant
Mr. Aditya Sen, S.G. Mookherjee and A. Mondal - for the Respondents

JUDGMENT

This appeal is directed against a judgment and order dated 3rd September, 1979 passed by a learned Single Judge of this Court whereby and whereunder the writ application filed by the appellant herein was dismissed.

2. The petitioner was a Development Officer and, thus, was a Class-II Staff within the meaning of the provision of Life Insurance Corporation of India (Staff) Regulations, 1960 framed under Clauses (b) and (bb) of sub-section (2) of Section 49 of the Life Insurance Corporation of India Act, 1956.

3. Admittedly, the Zonal Officer was his disciplinary authority.

4. Allegedly, for absence of a period of 61 days disciplinary proceedings was initiated against the appellant. He tiled his written statement, inter alia, contending that he was not an unauthorised leave and/or otherwise, he was also entitled to grant of leave which was due to him. The Enquiry Officer submitted his report to the Zonal Manager. The Zonal Manager called upon the appellant to show cause as to why he should not be dismissed from services where after the appellant submitted his explanation. He also prayed for a personal hearing but without grant of such hearing, an order of termination was made on



















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