Shivaraj V. Patil, J. - (1.) Leave sought for is granted.
(2.) The Life Insurance Corporation of India and its officers have brought this appeal to this Court aggrieved by the judgment dated 8-10-1999, passed by the Division Bench of the High Court of Calcutta. The relevant facts, which are necessary for the disposal of this appeal, are the following:
(3.) While the respondent was working as a Development Officer in the Life Insurance Corporation of India at Calcutta (for short the 'Corporation'), a charge-sheet was issued to him on 15-2-1968 alleging that he remained unauthorisedly absent from his duties for a total number of 61 days between the period 18-10-1967 to 13-2-1968 and that he remained absent from his station at Calcutta during the said period without prior permission of the authorities. He was directed to submit his written statement to the said charges. Accordingly, he submitted his reply in writing. Thereafter, the Divisional Manager, Calcutta of the Corporation was appointed as Inquiry Officer to inquire into the said charges levelled against the respondent. The Inquiry Officer, on the basis of evidence, found the respondent guilty of all the charges. The Zonal Manager being the Disciplinary Authority concurring with the findings recorded by the Inquiry Officer issued a communication dated 15-11-1968 to the respondent stating that he proposed to dismiss him from service and directing him to show cause within 21 days as to why the proposed punishment should not be imposed. The respondent made a further representation dated 11-1-1969. The Zonal Manager having considered the representation passed the order dated 28-1-1969 dismissing the respondent from service of the Corporation with immediate effect finding that there was nothing new in the said representation of the respondent dated 11-1-1969. The respondent having kept quiet for a period of about five years, however, by his letter dated 9-1-1974 in addition to other contentions requested for his re-employment in the Corporation. The Corporation by letter dated 15-2-1974 (Annexure P-5) informed the respondent that as per Regulation 12 of the Life Insurance Corporation of India (Staff) Regulations, 1960 (for short the 'Regulations') no person, who has been dismissed from the service of the Corporation, shall be re-employed. Thereafter, the respondent filed the writ petition in the High Court on 25-3-1975 questioning the validity and correctness of the order of termination of the services and for consequential reliefs. The learned single Judge dismissed the said writ petition observing that:- "On a careful consideration of the records and proceedings in the instant case, it appears to me that the impugned order and the proceedings in which it was passed do not ex facie suffer from any defect. It also does not appear that the said order was passed in violation of the principles of natural justice. On the contrary, it appears that the petitioner was given an opportunity at every stage of the inquiry to make his representation. The allegations of mala fide and erroneous procedure followed urged by the petitioner in his application, in my view, has little force. In any event, it appears that the petitioner is guilty of unreasonable delay and laches inasmuch as he has sought to impugn the order of dismissal passed in January,1969, in March,1975. There is no explanation for this delay." ;