DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA Vs. SHARIF AHMAD NAGRAMI

JUDGEMENT

(1.) THIS special appeal is directed against the judgment of Oak, J. (as he then was), dated 9 October, 1961, allowing. Writ Petition No. 3164 of 1958 filed by the respondent, Sharif Ahmad Nagrami (hereinafter referred to as Nagrami).

(2.) NAGRAMI was in the service of the New India Insurance Company, Ltd., Bombay, as an inspector. After the enforcement of the Life Insurance Corporation Act, 1956, the business of the aforesaid company was taken over by the Life Insurance Corporation of India (hereinafter referred to as the Corporation). The petitioner thereafter came in the employment of the Corporation. He was prosecuted before a magistrate, first class, for offences punishable under S. 406, Indian Penal Code. The magistrate convicted him under S. 406, Indian Penal Code, and sentenced him to pay a fine of Rs. 500, in default to suffer imprisonment for one year. On 26 February, 1957, the Divisional Manager dismissed Nagrami from service. On 5 March, 1957, Nagrami informed the Corporation of his acquittal and on 21 March, 1957, he made an application for the withdrawal of the dismissal order. On 2 August, 1957, the Branch Manager informed Nagrami that the order of dismissal could not be withdrawn. On 14 October, 1957, Nagrami filed an appeal before the executive committee. Life Insurance Corporation, Bombay (hereinafter referred to as the executive committee). On 28 May, 1958, the executive committee dismissed the appeal and by means of a letter dated 23 June, 1958, the Divisional Manager informed Nagrami that his appeal had been dismissed on 28 May, 1958. The petitioner then filed. Writ Petition No. 3164 of 1958 in this Court on 28 October, 1958. Oak J., allowed the petition on the ground that Nagrami could not be dismissed under Regn. 40 of the (Staff) Regulations of the Corporation because on the date when the order of his dismissal was passed, he was not under an order of conviction. The learned single Judge held that, that being the position, there was violation of statutory regulation and for that reason the order of dismissal was liable to be quashed. Oak, J., repelled the plea made on behalf of the Corporation that inasmuch as the executive committee which dismissed the appeal of Nagrami was located outside the territorial limits of the jurisdiction of this Court under Art. 226 of the Constitution of India, no writ could be issued to it and even though the order of dismissal was passed by the Divisional Manager who was functioning within the jurisdiction of this Court. The Court could not grant any relief to Nagrami.

(3.) IN support of this observation Sri Naithani, who has appeared for Nagrami, has placed reliance upon the following decisions of this Court under Cl. (a) to the proviso to Art. 311(2) of the Constitution of India: