- (1.) THIS appeal has been preferred from the judgment and order dated 3rd September, 2003 passed by the learned single Judge in the writ petition bearing C. O. No. 11609 (W) of 1994. The appellant herein has assailed the aforesaid judgment and order under appeal passed by the learned Single Judge mainly on the ground that the said learned Single Judge committed serious error in law in holding that the respondent/writ petitioner should be deemed to be in the employment as Assistant Branch Manager till 10th February, 1988 without appreciating the fact that the said respondent/writ petitioner got his appointment to the said post of Assistant Branch Manager on fraudulent representations.
(2.) FROM the records of this case we find that the respondent/writ petitioner was appointed as a Development Officer on 1st September, 1956 and thereafter, promoted to the post of Assistant Branch Manager on 20th september, 1975 upon considering the business performance records. Subsequently, it was found that the said respondent/writ petitioner falsified the relevant records relating to his performance in promoting business for the Life Insurance Corporation of India. After the said promotion of the respondent/writ petitioner, the appellant-Life Insurance Corporation of India came to know about the aforesaid falsification of the relevant records relating to the performances in promoting the business for the Life Insurance corporation of India in respect of the periods in question and an enquiry was conducted by the appellants herein.
(3.) PURSUANT to the said enquiry, ultimately it was found that the respondent/writ petitioner falsified the records relating to his performance in securing business for the Life Insurance Corporation of India and, therefore, the Zonal Manager of the said Life Insurance Corporation of India by the order dated 19th March, 1976 reverted the writ petitioner to the post of development Officer with immediate effect in terms of Regulation 16 of the life Insurance Corporation of India (Staff) Regulations, 1960 on the basis of the said enquiry report. The said Regulation 16 provides that an employee of life Insurance Corporation of India on probation can be reverted back by the corporation to its original post, without notice during the period of probation.;