- (1.) HEARD Sri Abhinav N. Trivedi, learned counsel for the petitioner and Sri P. K. Khare for the opposite parties. The petitioner has challenged order dated 16.1.2014, as contained in annexure No.1 to the writ petition by which his engagement as Financial Services Executive at Satellite Office Branch Sitapur under Lucknow Division of Life Insurance Corporation of India has been terminated.
(2.) SRI P. K. Khare has raised a preliminary objection that the writ petition is not maintainable as the same arises out of a contract and breach of contract. At best it can be redressed by filing civil suit for damages.
(3.) SRI A. N. Trivedi has submitted that the impugned order has been passed casting aspersions on petitioner's character and conduct. This order will not only have an effect of termination of contract but the stigma which has been caste upon the petitioner will debar the future rights of employment with any bank, insurance company or any other institution for that matter. Such an order amounts to dismissal of service which is a major penalty. An inquiry was a must in which the principles of natural justice should have been followed. He has referred to the stigmatic portion of the order given on internal page 3 of the order and running page 28 of the writ petition. For ready reference the portion of the order which is objectionable to the petitioner is quoted herein -below: - "This clearly establishes that he adopted unethical business practices to solicit health insurance proposals with mala fide intention of winning prize money under sales promotional business competitions launched for the Health Insurance policies in the period. " Petitioner says that the impugned order of termination carrying stigmatic words violate the principles of natural justice and could not been incorporated without proper inquiry.;