M.Katju, J. - (1.) This writ petition has been filed for a writ of certiorari to quash the impugned order dated 27.12.1999 passed by the respondent No. 2 and the order dated 17.12.1996 passed by the respondent No. 3 Annexures-14 and 11 to the writ petition. The petitioner has also prayed for a mandamus directing the respondent to reinstate the petitioner as Development Officer with back wages in the service of the Life Insurance Corporation (hereinafter referred to as 'the L.I.C.').
(2.) The petitioner was appointed as Apprentice Development Officer in the service of the L.I.C. vide letter dated 17.6.1992 Annexure-2 to the writ petition and he was confirmed vide order dated 5.7.1993 Annexure-3 to the writ petition. Since then, the petitioner has been working as Development Officer in Kanpur. It is alleged in paragraph 11 of the writ petition that since March 1996, the petitioner was not given salary. On 6.11.1996, a show cause notice was given to the petitioner vide Annexure-9 to the writ petition. In this notice, it was mentioned that the petitioner was absenting himself on various occasions from the office without intimation and prior permission. He was absent from 1.12.1994 to 31.7.1996, i.e., for 152 days, thereafter from 1.8.1996 to 15.10.1996 he was absent without leave. It was mentioned in that letter that since he was absent continuously for 90 days without leave, this amounts to abandonment of the post as per Regulation 39 (4) of the L.I.C. of India (Staff) Regulations. The petitioner was asked to show cause why he be not removed from service. The petitioner sent his reply vide Annexure-10 to the writ petition. However, the respondent No. 3 passed an order removing the petitioner from service vide order dated 17.12.1996 Annexure-11 to the writ petition. It Is alleged In paragraph 20 of the writ petition that the order dated 17.12.1996 was passed without giving opportunity of hearing and without holding any enquiry against the petitioner.
(3.) Aggrieved against that order the petitioner filed an appeal vide Annexure-12 to the writ petition which was rejected by the order dated 27.12.1999 Annexure-14 to the writ petition. Hence, this petition.;