APHC010798052014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20858/2014 Between: 1. K. GIRIDHAR VITTAL, S/O K. JAGANNEDHA RAO, AGED ABOUT 38 YEARS, 0CC: DEVELOPMENT OFFICER, LIFE INSURANCE CORPORATION OF INDIA, R/O RAMALAYA VEEDHI, KOTHAKOTA POST, ROLUGUNTA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. LIFE INSURANCE CORPORATION OF INDIA, REP BY IT'S DIRECTOR YOGAKSHEMA, JEEVAN BIMA MARG, MUMBAI - 400021 2. ZONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA SOUTH CENTRAL ZONE, HYDEARABAD. 3. SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, SALES DEPARTMENT, DIVISIONAL OFFICE, VISAKHAPATNAM. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declare the show cause notice dated 04-04-2014 issued by Respondent No. 3 is illegal, arbitrary and violation of Art. 14, 19 21 and 311 of Constitution of India and in violation of Rules framed under Life Insurance Corporation of India and consequently set a sides the same and pass. 2 IA NO: 1 OF 2014(WVMP 3926 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim order dated 04-08-2014 made in WPMP No.26156 of 2014 in W.P.No.20858 of 2014, in the interest of justice IA NO: 2 OF 2014(WPMP 26156 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of show cause notice dated 04-04- 2014 including taking any coercive steps against the Petitioner pending disposal of the above Writ Petition and pass. IA NO: 3 OF 2014(WPMP 27657 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to consider the para 3 of the affidavit as Additional Affidavit in continuation of an Affidavit in support of the W.P No. 20858 of 2014 on the file of the Hon'ble Court Counsel for the Petitioner: 1. T D PANI KUMAR Counsel for the Respondent(S): 1. RAVINDRA BHARATI 2. SINGAM SRINIVASA RAO The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the issuance of a show cause notice dated 04.04.2014, which indicates that the petitioner is expected to submit his reply to the said show cause notice and that, in the event of the inability on the part of the petitioner to adequately respond to the show cause notice, final orders terminating the services of the petitioner would be issued without any further reference. 2. It is submitted that the petitioner was appointed as a Probationary Development Officer in the respondent organization on 07.02.2009. The petitioner was also awarded two increments for his satisfactory service. However, the 3rd respondent issued the impugned proceedings citing the performance appraisal for the year ended 2014 and stating that the cost ratio for the relevant appraisal year, on the basis of annual remuneration, was 33.44%, and as such the petitioner was called upon to submit a reply to the show cause notice. 3. It is submitted that the notification dated 12.11.2009 issued by the Ministry of Finance refers to the expense limit applicable to Development Officers and that the opportunity to conform to the expense limit prescribes a table of disincentives to be awarded to the employee. It is further submitted that the show cause notice can be related to Clause 4 of the table of disincentives, whereby the respondents can impose one decrement on the 2nd successive occasion and two (02) decrements on the 3rd successive 4 occasion. It is submitted that, considering the same, this Court had stayed the operation of the show cause notice dated 04.04.2014. It is further submitted that the petitioner is continuing in the service of the respondents and that the petitioner is doing satisfactory business. 4. The respondents, in their counter, have stated that the petitioner, instead of submitting an explanation to the show cause notice, has straight away approached this Court and filed the above writ petition. It is also stated that the respondents would be in a position to assess the appropriate action to be taken against the petitioner after the petitioner submits his explanation. Reference is also made to Rule 8, which pertains to termination of service, and on these considerations the respondent authorities pray for dismissal of the writ petition. 5. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the record. 6. Considering the submissions that the petitioner is conducting business regularly for the respondent organization, the impugned proceedings are hereby set aside. 7. Accordingly, the writ petition is allowed, leaving it open for the respondents to take any action, subject to issuance of any further notice to the petitioner. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 12.03.2026 PNS