IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
BINU VISWAMBHARAN – Appellant
Versus
THE SENIOR DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA – Respondent
| Table of Content |
|---|
| 1. agent's history of misconduct and repeated proceedings. (Para 2 , 3 , 4 , 6) |
| 2. arguments on applicable rules and jurisdiction. (Para 5 , 7 , 8) |
| 3. rules 16 & 19 limit commission denial to fraud. (Para 9 , 10 , 11) |
| 4. punishment governed by rules at misconduct time; no fraud. (Para 12 , 13) |
JUDGMENT
The petitioner challenges the punishment imposed, pursuant to disciplinary proceedings initiated against him. By the impugned order, petitioner was terminated from his employment as an insurance agent, without eligibility to receive renewal commission.
2. Petitioner was an agent of the Life Insurance Corporation (for short, ‘LIC’), having started his career in 1996. He asserts that, by his hard work and dedication, he had acquired the status of ‘Crorepathy’ in 1997, which continued till 2014 without any break. Petitioner alleges that due to an enmity against him, proceedings were initiated by ‘LIC’, alleging that he had misappropriated the premium of a policy holder and he was issued with a warning. Subsequently Ext.P2 show cause notice was issued, raising similar allegations. After completing disciplinary proceedings, his agency was terminated, without eligibility for ren
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