IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN

Writ Petition No.18032 of 2011

and

M.P. No. 1 & 2 of 2011

Mrs. Uma

.. Petitioner

Versus

1. The Chairman

Insurance Regulatory Development

Authority of India,

Dr. Vaidya Marg

Fort, Mumbai 400 023.

2. The Associate Vice President,

having office at Nataraj Building 4th floor,

M.V.Raja and Western Express Highway Junction,

Andheri West, Mumbai 400 069

formerly having office at

SBI Life Insurance Company Limited,

State Bank Bhawan, Madama Cama road,

Nariman Point, Mumbai 400 021.

3. The Regional Sales Manager,

SBI Life Insurance Company Ltd,

SBI learning Centre, Building No.20,

Third Floor, Pycrofts Garden Road,

Nungambakkam, Chennai 600 034.

4. The Banch Manager, SBI Life Insurance Company Ltd.,

No.3/11, Arcot Road, first floor, Karambakkam,

Porur, Chennai 600 116.

... Respondent

https://hcservices.ecourts.gov.in/hcservices/

Petition filed under Article 226 of the Constitution of

India praying to issue a Writ of Certiorarified Mandamus to call

for the records relating to the impugned order of the second

respondent vide order dated 23.09.2010 and confirmed by the order

dated 10.01.2011 and quash the same and to direct the respondents

to renew the licence to work as Insurance Advisor in favour of

the petitioner.

For Petitioner

: Mr. G. Muthukrishnan

For Respondents : Mr. M.B. Gopalan for R1

Mr. Sethuraman for R3 and R4

No appearance for R2

ORDER

The petitioner has filed this writ petition questioning

the validity and/or correctness of the order of termination

passed by the second respondent, terminating her from acting as

Insurance Advisor, which was confirmed by the order dated

10.01.2011 of the fourth respondent and after setting aside the

orders, seeks for consequential benefit to direct the respondents

to renew the licence to work as Insurance Advisor in her favour.

2.

According to the petitioner, she was a Life

Insurance Adviser of SBI Life Insurance Company Limited and

licence was also given by the Insurance Regulatory Development

Authority of India to act as Advisor. The Insurance Advisers are

allowed to canvass and procure business for SBI Life Insurance by

printing pamphlets containing the salient features of the

Insurance Scheme, after getting approval from the respective

Superior Officer, to whom , they are attached. Accordingly, the

petitioner, after getting approval from the 4th respondent

distributed and circulated the printed pamphlets among the

public. But to the shock and surprise, the 2nd respondent sent a

notice of termination dated 23.09.2010, without giving show

cause notice or calling for explanation from the petitioner.

Though the petitioner has given her explanation, vide order

dated 10.01.2011, the fourth respondent confirmed the above said

termination order dated 23.09.2010. Hence this writ petition.

3.

The respondents 2 to 4 have filed counter

affidavit, wherein, at paragraph No.9, reads thus.

"I state that the petitioner by her letter

https://hcservices.ecourts.gov.in/hcservices/

received on 05.10.2010 made an appeal wherein she

admitted the circulation of unauthorized

distribution of pamphlets. The disciplinary

committee considered the appeal for review and

confirmed the decision of termination of agency.

By a letter dated 10.01.2011, the decision of

competent authority who considered the appeal was

communicated to the petitioner."

4.

Today, when the writ petition is taken up for

hearing, the learned counsel appearing for the petitioner

submitted that the petitioner is no more.

5.

In view of the above, there is no need to grant

any relief, as prayed for by the petitioner. The relief prayed

for by the peti