KINJAL NITIN THAKKAR Vs. LIC OF INDIA

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order dated 31.03.2004 passed by the Sr. Divisional Manager, respondent no.1 herein and the order dated 09.08.2004 passed by the Zonal Manager, Mumbai, respondent no.3 herein as also the order dated 22.07.2005 passed by the Chairman, respondent no.2 herein, whereby, the order passed by the lower authorities terminating the agency of the petitioner with forfeiture of the renewal commission was confirmed.

(2.) The facts in brief are that the petitioner took up the agency of Life Insurance Corporation of India ("the LIC", for short) as a full-time agent on 25.03.1997 in the Ahmedabad Divisional Office. On 02.02.1999 the petitioner placed three proposals in respect of (Late) Jethabhai R. Thakkar, who happened to be her father-in-law. The said proposals were accepted by the LIC. On 11.12.2000 the life assured expired on account of blood cancer.

(3.) On 03.03.2004 respondent no.1 issued a show-cause notice to the petitioner under Rules 16 & 19 of The LIC of India (Agents') Regulations, 1972 ("the Regulations", for short) to show cause as to why the action of termination of the agency along with forfeiture of the renewal commission be not taken against her. The petitioner replied to the said show cause notice vide reply dated 12.03.2004. Pursuant thereto, respondent no.1 passed the order dated 31.03.2004 terminating the agency of the petitioner along with forfeiture of the renewal commission.