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S.N. Sheshadri and ors. Vs. Managing Director, Life Insurance Corporation of India, Bombay and anr. - Court Judgment

LegalCrystal Citation
SubjectService
CourtKarnataka High Court
Decided On
Case NumberWrit Petn. No. 1332 of 1967 and C.W. Nos. 1390 and 2191 of 1967
Judge
Reported inAIR1972Kant13; AIR1972Mys13
ActsConstitution of India - Article 226
AppellantS.N. Sheshadri and ors.
RespondentManaging Director, Life Insurance Corporation of India, Bombay and anr.
Appellant AdvocateN. Santhosh Hegde, Adv.
Respondent AdvocateM. Chinnaswamy and ;Srinivasa Iyengar, Advs.
DispositionPetitions dismissed
Excerpt:
.....failure on his part to obey the provisions of the regulation mentioned above and that the petitioners may legitimately feel aggrieved thereby. nilratan banerjee, (1970) 1 lab lj 1 (call). in which their lordships have pointed out that the staff regulations like those of the life insurance corporation cannot be regarded as imposing any statutory obligation and that therefore any breach of these regulations is not amenable to correction under article 226 of the constitution. 4. the writ petitions therefore fail and are dismissed.a. naravana pai, c.j. 1. the petitioners in these three cases were employees of the life insurance corporation. in certain disciplinary enquiries held against them by the zonal manager, they were found guilty of one or other of the charges framed against them, and the penalty of dismissal was imposed upon them. upon appeal to the managing director, the appeals were dismissed by short orders, suggesting and supporting the case of the petitioners that the appellate authority had not applied his mind fully to the facts and circumstances of the case, as he was bound to, in the light of regulation 46 (2) of the staff regulations of the life insurance corporation which are modelled on similar rules contained in the civil services (classification, control and appeal) rules governing government.....
Judgment:

A. Naravana Pai, C.J.

1. The Petitioners in these three cases were employees of the Life Insurance Corporation. In certain disciplinary enquiries held against them by the Zonal Manager, they were found guilty of one or other of the charges framed against them, and the penalty of dismissal was imposed upon them. Upon appeal to the Managing Director, the appeals were dismissed by short orders, suggesting and supporting the case of the petitioners that the Appellate Authority had not applied his mind fully to the facts and circumstances of the case, as he was bound to, in the light of Regulation 46 (2) of the Staff Regulations of the Life Insurance Corporation which are modelled on similar rules contained in the Civil Services (Classification, Control and Appeal) Rules governing Government servants.

2. Whatever may be the position regarding the regularity of the original enquiry and infirmities, if any, in the report of the Enquiring Officer, as to which we express no opinion, there appears little doubt that the orders of the Appellate Authority prima facie reveal a grave failure on his part to obey the provisions of the Regulation mentioned above and that the petitioners may legitimately feel aggrieved thereby.

3. But it is not possible for us to interfere under Article 226 of the Constitution in favour of the petitioners in view of the clear declaration of law made by the Supreme Court in the case of Executive Committee of U. P. Warehousing Corporation v. Chandra Kiran Tyagi, : (1970)ILLJ32SC and the latest unreported decision of the Supreme Court - in Civil Appeal No. 1171 of 1967. D/- 27-4-1971 = (since reported in AIR 1971 SC 211 Indian Airlines Corporation v. Sukhdeo Rai (where they have approved the decision of the Calcutta High Court in Life Insurance Corporation of India v. Nilratan Banerjee, (1970) 1 Lab LJ 1 (Call). in which their Lordships have pointed out that the Staff Regulations like those of the Life Insurance Corporation cannot be regarded as imposing any statutory obligation and that therefore any breach of these Regulations is not amenable to correction under Article 226 of the Constitution. It is also pointed out that there is no right to reinstatement except in three cases, viz..

'(1) a public servant who has been dismissed from service in contravention of Art. 311;

(2) reinstatement of a dismissed worker under industrial Law or by Labour or Industrial Tribunals, and

(3) a statutory body when it has acted in breach of a mandatory obligation imposed bv statute'.

and that the'refore in cases where there is no right to reinstatement, the order of dismissal, however unlawful subsists, because to quash the same would in effect be reinstating the dismissed employee in service.

4. The Writ Petitions therefore fail and are dismissed.


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