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2000 DIGILAW 128 (ALL)

BRAHM DEO PRASAD KUSHWAHA v. LIFE INSURANCE CORPORATION OF INDIA

2000-01-24

D.R.CHAUDHARY, M.KATJU

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M. KATJU, J. ( 1 ) THIS writ petition has been filed against the decision of the Life Insurance Corporation cancelling the selection for the post of Apprentice Development Officer as communicated by the order dated 26. 7. 1999 Annexure-6 to the writ petition. ( 2 ) THE present writ relates to the Gorakhpur Division of the Life Insurance Corporation. We have already in Writ Petition No. 31903 of 1999. Pramod Kumar Rai v. Life Insurance Corporation of india. , dismissed a similar writ petition relating to Varanasi Division. ( 3 ) SRI Ashok Khare, learned counsel for the petitioner submitted that the present petition is distinguishable from Writ Petition No. 31903 of 1999 inasmuch as the selection for Gorakhpur has been cancelled only on the ground that one Brijesh Singh who was a candidate in the selection and who is the son of Sri S. S. Singh. Senior Branch Manager of L. I. C. entered into the flat of Sr. J. N. Kanaujia, a member of the interview committee and threatened him with dire consequences at gun point and demanded changes to be made in the tabulation sheet and ranking list. This incident is mentioned in the report sent to Regional Manager dated 7. 6. 1999 which is annexure-8 to the counter-affidavit. It is also alleged in the report dated 29. 6. 1999 sent by the assistant Secretary (Marketing) which is Annexure-9 to the counter-affidavit. Sri Khare submitted that the decision to cancel the selection was arbitrary, as there can be no justification for cancelling the selection process on account of some criminal activity of one of the candidates. ( 4 ) BE that as it may. we are not inclined to exercise our discretion under Article 226 of the constitution in this case since a fresh selection has been ordered and the petitioner can appear in the fresh selection. It may be mentioned that Sri Kanaujla. member of the selection committee made two written complaints addressed to the Chairman, L. I. C. of Bombay dated 2. 6. 1999 and 16. 6. 1999 specifically stating that certain applicants had assaulted him physically but somehow his life was saved. These persons wanted their names to be forcibly included in the list of selected candidates. True copies of these reports are Annexures-3 to 6 to the counter-affidavit. 6. 1999 and 16. 6. 1999 specifically stating that certain applicants had assaulted him physically but somehow his life was saved. These persons wanted their names to be forcibly included in the list of selected candidates. True copies of these reports are Annexures-3 to 6 to the counter-affidavit. There was a large coverage of the incident in the newspaper vide Annexure-7 to the counter-affidavit and a first information report was made on 9. 6. 1999 vide Annexure-11 to the counter-affidavit. An enquiry was held and the report of the enquiry officer, Regional Manager, dated 17. 6. 1999 is Annexure-8 to the. counter-affidavit. This report was considered by the various authorities and the Zonal Manager recommended that the panel of selected candidates for Gorakhpur Division be cancelled. Thereafter the order dated 15. 7. 1999 was passed by the executive Director (Marketing ). L. I. C. . Bombay cancelling the selection test for four divisions. ( 5 ) WE cannot say that this decision of the respondents was arbitrary. As already held by us in writ Petition No. 31903 of 1999. these are administrative matters and the Court has only limited power of judicial review. Moreover only existing candidates will be allowed to appear in the fresh recruitment process and hence the petitioners if they are eligible and had applied can appear in the fresh selection. ( 6 ) HENCE for the reasons given above and also the decision in Writ Petition No. 31903 of 1999. this petition is dismissed. .