Back
DEVASHIS BARUAH
Indra Mohan Kachari S/o Late Suren Chandra Kachari – Appellant
Versus
Life Insurance Corporation of India – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. A.R. Bhuyan, the learned counsel for the petitioner and Mr. S. Nath, the learned counsel appearing on behalf of the respondents.
2. The petitioner herein has assailed the termination of his agency and forfeiture of his commission and thereby had challenged the various orders including the order dated 25.03.2015.
3. From the materials on record, it reveals that the petitioner herein was issued an agency licence in the year 1997. During the course of time, the petitioner claimed to have obtained various policies and rendered business to the respondent Corporation. The dispute arises on account of an insurance policy being made of one Bhabani Kalita (since deceased). The record reveals that one Bhabani Kalita had approached the petitioner for a policy amounting to Rs.50,000/-. As a proof of his age, Late Bhabani Kalita produced the age certificate from the Head Master, Hekra High School wherein it was certified that the said Late Bhabani Kalita was 12 years as on 31.12.1958. On the basis of the said certificate, the petitioner submitted the proposal stating inter-alia that he knew Late Bhabani Kalita “since long.” Consequently, on the basis of t
The judgment established the importance of proportionality and necessity in administrative decisions, emphasizing the need for a rational connection between the measures taken and the objective, and ....
The termination of an agent's agency with forfeiture of renewal commission is only legally sustainable when the element of fraud is proved.
It is trite that if a particular procedure is mandated to be followed prior to passing any order of termination, such procedure cannot be given a go-bye by Authorities, as procedure is life blood of ....
Compliance with procedural safeguards is essential in disciplinary actions; failure to adequately inform the accused and provide a fair opportunity to defend leads to invalidation of termination.
Renewal commission denial invalid absent fraud finding under rules in force at misconduct time.
A termination order based on allegations of misconduct without conducting a departmental inquiry is stigmatic and punitive in nature, requiring compliance with principles of natural justice.
Disciplinary authority's discretion in imposing penalties must be reasonable and proportionate to established misconduct, ensuring integrity in banking operations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
