HARISH K.P. Vs. SBI LIFE INSURANCE COMPANY LTD

JUDGEMENT

(1.) THE petitioner, who was formerly working as Branch Sales Manager in SBI Life Insurance Company Ltd., the first respondent herein, has filed this writ petition challenging Ext.P12 letter dated 28.3.2011 sent by the second respondent informing him that his service stands terminated with immediate effect. The brief facts of the case are as follows:

(2.) THE petitioner herein entered service as Unit Manager in the first respondent company at Thrissur on 9.9.2006. His initial appointment was on probation for a period of six months effective from 9.9.2006. After satisfactory completion of probation he was confirmed in service with effect from 9.3.2007, as stated in Ext.P1 letter dated 17.4.2007 issued by the second respondent. Later, in April, 2007 the petitioner was promoted as Territory Manager and in April, 2008 he was promoted as Branch Sales Manager and posted at Kodungallur. It is stated that based on his excellent performance the petitioner was given performance based salary hike in 2009-2010, that he was the winner of Business Contest 2009, a sales initiative conducted by the first respondent company and that he was also given sales incentive bonus in the years 2009 and 2010. The petitioner has averred that while matters stood thus, in April 2010 he was transferred and posted as Branch Sales Manager, Kalpetta in Wayanad district, which it is stated, had a very little insurance business, that thereupon the petitioner worked as Branch Sales Manager at Kalpetta from May 2010 to September 2010, that on 10.10.2010 he met with an accident and was advised full rest, that he applied for medical leave for five days which was approved by the Divisional Office, Calicut, that even after five days he was not fit for travelling and was advised for complete rest for one month and therefore, he filed an application dated 15.10.2010 for extending the leave till 25.11.2010. It is stated that in the meanwhile Sri.P.N.Pradeeban, Regional Manager (HR), Chennai, called the petitioner over telephone on 13.10.2010 and asked him to resign from service failing which he was threatened with dismissal from service, that when the petitioner brought this fact to the notice of the higher authorities, the Regional Manager (HR), Chennai, again called him and scolded him for complaining to higher authorities, that the petitioner did not submit a letter of resignation as demanded, but continued in service, but no communication was given regarding his application for leave till 25.11.2010. It is stated that later, the Regional Manager (HR), Chennai, sent Ext.P2 letter dated 4.11.2010 calling upon the petitioner to appear for medical examination in the designated centres at Calicut or Cochin within 48 hours of receipt of the letter failing which he was cautioned that his absence from office will be treated as unauthorized absence and action will be initiated against him.

(3.) IT is stated that Sri.C.Neeraj Narendran, Senior Divisional Sales Manager, Calicut, had sent Ext.P7 letter dated 7.12.2010 alleging that as per e-mail dated 3.12.2010 sent from the Regional Office he was asked to report at Calicut office, that the petitioner reported before him at Calicut office and on instructions given by him the petitioner had signed the attendance register at Calicut, but the petitioner has on 7.12.2010 reported at Kalpetta office without any such instruction either from him or any other higher authority, that it is a clear instance of insubordination and therefore he should give an explanation within 24 hours of receipt of Ext.P7 letter as to why action should not be taken against him as per rules. It is stated that the petitioner thereupon submitted Ext.P8 letter dated 8.12.2010 pointing out that pursuant to Ext.P5 e-mail dated 3.12.2010 he reported before the Senior Divisional Manager, Calicut at 9 a.m. on 4.12.2010, that he was then informed that he was transferred to Calicut office and directed to sign the attendance register, that he accordingly signed the attendance register and when he enquired about the transfer order he was informed that the order would be received by noon, that as the order of transfer was not received by noon he had sent an e-mail to the Regional Manager (HR), Chennai and contacted him over phone and the Regional Manager (HR), Chennai, in turn directed him to await the transfer order till the evening and if the order is not received, to continue at Kalpetta office on the next day, that these facts were informed to him orally and since no transfer order was received till the evening of 6.12.2010 on the next day he started working as Branch Sales Manager at Kalpetta office and since he had been appointed as Branch Sales Manager at Kalpetta by a written order it would not be proper for him to join at any other branch without the official permission of the competent authority. He contended that he has not committed any act of insubordination or disobeyed the orders of the Senior Divisional Sales Manager or any other higher authority and that there is no reason for taking any action against him as per rules. He also requested that his explanation may be accepted and the intended action may be dropped.