M.Y.EQBAL, J. - (1.) THIS writ application is directed against the order dated 5th/8th February, 1994 issued under the signature of respondent No. 2 Senior Divisional Manager, Life Insurance Corporation of India, whereby the service of the petitioner from the post of Apprentice Development Officer has been terminated with immediate effect.
(2.) IT appears that in pursuance of the advertisement issued by the respondents, petitioner applied for recruitment to the post of Apprentice Development Officer. After the petitioner successfully qualified in the written test and the interview, he appointed as such vide letter dated 16.2.1992. By the said order, petitioner was directed to report to the Principal (Sales). Training Centre, Patna and had to stay at Patna for one month. Petitioner joined the (Sales) Training Centre at Patna on 18.12.1992 and completed the class room training on 8.3.1993. It is stated by the petitioner that he took one months branch administration training at Garhwa Branch of the Life Insurance Corporation of India (in short "Corporation). While the petitioner was posted at Garhwa, he did his best in bringing new business as stated by the petitioner, but due to illness he could not procure sufficient business. Petitioner then appeared in the written test for the post of Development Officer and after passing written test he was called for interview. Petitioners further case is that although his name was recommended for putting him on probation but all of a sudden petitioner received letter informing him that respondent was dissatisfied with the performance of the petitioner as Apprentice Development Officer and therefore his services has been terminated. Respondents case on the other hand is that during the period when the petitioner was posted as Apprentice Development Officer he always remain absence from the headquarter and he remained absent from duty on the ground of illness. Petitioner was informed by the Branch Manager, Garhwa on 5.11.1993 that he did not receive House Hold Survey and Agency Prospective Report. Petitioner was further informed that his stipend will not be released till submission of the said report and improvement in the field work. It is further stated that during the period of apprenticeship when his performance was totally unsatisfactory, a show cause notice was given to him asking the reasons for his absence and for unsatisfactory performance; thereafter the explanation being found unsatisfactory, his service was terminated.
(3.) I have heard, Mr. M.S. Anwar, learned counsel appearing for the petitioner and Mr. M.M. Banerjee, learned counsel appearing for the respondents.;