Pranab Kumar Chattopadhyay, J. - (1.) The petitioner has challenged the validity of the order dated 3rd August, 1990 passed by the appellate authority, namely, the Zonal Manager, Life Insurance Corporation of India.
(2.) By the said order, the Zonal Manager, as the appellate authority, decided the appeal preferred by the petitioner challenging the order dated 15th June, 1988 passed by the Senior Divisional Manager, Calcutta Suburban Division of the said Life Insurance Corporation of India in respect of the petitioner herein.
(3.) From the records it appears that a show cause notice was issued to the petitioner on 30th December, 1987 alleging certain lapses on the part of the petitioner as the agent of the said Corporation. The alleged lapses mentioned in the said show cause notice dated 30th December, 1987 are reproduced hereinbelow: 1) "You have replied in negative against Q. No. 8 of your agency application dated 4.6.82 when actually you were and are related to Sri Nirmal Kumar Chatterjee, an agent of the Corporation, by marriage and thus obtained the agency under the organisation of a Dev. Officer by suppression of a fact of material information causing financial loss to the Corporation; 2) You have secured a proposal for life assurance on the life of Sri Santosh Kumar Barman, a Legal Practitioner of Krishnagar, for Rs. 1 lac in February, 1987 and produced a fake copy of S.F. Certificate of Sri Barman in support of his age and sought to offer lower age benefit when actually Sri Barman was older, by four years as per original certificate (Policy No. 420049232); 3) You have, when communicated seeking your assistance to help arrive at a decision in Sri Barman's case evaded the responsibility of an agent to get at the truth and caused a breach of trust; 4) You have secured another proposal for life assurance on the life of Sri Lakshmi Kanta Sarkar, Asstt. Public Prosecutor of Garaimari, Nadia, in May, 1987 for Rs. 50,000/- and produced a copy of S.F. Admit Card in support of his age (Proposal No. 0138445/87-88) which on enquiry appeared to be fake as the attesting authority has denied attestation of the said S.F. Admit Card of Sri Sarkar, with motive to offer lower age benefit and caused a breach of trust; and thus 5) You have failed to discharge your functions as set out in Regulation 8 of the LICI(Agents) Regulations, 1972 to the satisfaction of the competent authority; and 6) You have acted in a manner prejudicial to the interest of the Corporation.";