Sudhir Narain, Krishna Kumar, JJ. - (1.) The basic question involved in this writ petition is as to whether the discharge of the petitioner from service as probationer based on enquiry report was foundation of termination of his service or it was a simple enquiry to assess the performance of the petitioner.
(2.) The factual matrix of the case is that the petitioner was appointed as Probationary Development Officer in Life Insurance Corporation of India w.e.f. 9.3.93 vide appointment dated 17.3.93. As per clause 10 of the appointment order, the petitioner was required to secure through the agents recruited at his instance, minimum completed life business of Rs. 80 lacs yielding a first year's schedule premium income of not less than 2 lacs. It was further provided that the minimum business set out above shall be spread over not less than 250 lives. The third requirement as per the appointment order was that at least 15 of the agents appointed on his recommendations during the period of probation should have become active and fifteen agents individually should have put in during that period the minimum business required of them in an agency year according to Regulation 9 of the L. I. C. of India (Agents Regulation, 1972). The petitioner was to remain on probation initially for a period of twelve months, the Corporation could, however, extend his probationary period for another period upto one year.
(3.) As per clause 11, on satisfactory completion of the period of probation the petitioner was to be confirmed in the service of the Corporation in Class 11. It was further provided in the aforesaid clause that his confirmation would depend, inter alia, upon the fulfilment of the minimum business guarantee set out in paragraph 10 and upon his record of post-sale services to the Corporation's policy holder and other functions performed by him in the area allotted to him to the satisfaction of the competent authority. The relevant clauses 10 and 11 of the appointment letter read as under : "10. Minimum business : (i) During the probationary period you shall secure through the agents recruited at your instance minimum completed life business of Rs. 80 lacs yielding a first year's schedule premium income of not less than Rs. 2,00,000 provided, however, that in case the pay and/or allowance admissible to you under clause 1 are increased during the period, the minimum business and the premium income which you shall secure shall be increased proportionately. (ii) The minimum business set out in (i) above shall be spread over not less than 250 lives and shall be secured regularly through a network of dependable agencies. (iii) At least 15 of the agents appointed on your recommendation during the period should have become active and 15 Agents should individually have put in during that period the minimum business required of them in an agency year according to Regulation 9 of the L.I.C. of India (Agents Regulation 1972). (iv) You will have to procure 60 % of business and agency force from the Sector allotted to you and balance from other areas of the city. If your area of operation covers the Nyaya Panchayats/Village Panchayats also you will have to appoint at least one agent in every Nyaya Panchayat / Village Panchayat falling under your area of operation. (v) If your probationary period is extended, you shall secure during the extended period such business as may be intimated to you. 11. Confirmation and increments ; (i) On your satisfactorily completing the period of probation and your observance and compliance with all conditions set out in this letter of appointment, you will be confirmed in the services of the Corporation in Class II. Your confirmation will depend inter alia upon the fulfilment, of the minimum business guarantee set out in para 10 above and upon your record of post-sales services to the Corporation's policy holders and other functions performed by you in the area allotted to you to the satisfaction of the competent authority. (ii) The grant of increments to you shall be governed by Regulation 56 of L. I. C. of India (Staff) Regulation 1960 read with Schedule III as amended from time to time.;