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2017 DIGILAW 290 (KAR)

Sham S/o Shankar Rao Mane v. Chairman LIC of India

2017-02-03

RATHNAKALA

body2017
ORDER : Heard Sri. P. Vilaskumar, learned counsel for the petitioner. 2. The petitioner is aggrieved by the communication Annexure-C received from Marketing Manager of the 2nd respondent – The LIC of India. 3. The fact is the petitioner worked as an agent of the 2nd respondent between 1992 to 2000 and gave up his agency. He gave a representation at Annexure-A dated 13.12.2007. The said representation is in the hand writing of the petitioner and unable to reflect the actual intention of it’s author. The show cause notice / Annexure-B was communicated to him by the corporation on 16.02.2008 calling upon him why his agency should not be terminated with forfeiture of renewal permission. It appears for the silence or non-reciprocation to this letter, he was informed vide Annexure-C dated 14.7.2010 that he is not eligible for renewal of commission as he has joined private insurer. 4. Sri. P. Vilaskumar, learned counsel for the petitioner submits that for having served the respondent as it’s agent and earned good number of policy holders, despite giving up his agency with the respondent, he is entitled for the commission on the policies until those policies mature. Without giving him an opportunity and without assigning valid reason he is non suited by the Corporation thereby denying him his legal entitlement for commission on premium paid by policy holders. 5. This court cannot appreciate the above submission on behalf of the petitioner for the following reason. On his own showing the petitioner gave up the agency in the year 2000 and perhaps on his first time communication Annexure-A, dated 13-12-2007 the Corporation was alerted and issued show cause notice Annexure-B dated 16-02-2008. Cause having not shown to the said notice, as a punitive measure he is held not entitled for renewal commission. In that view of the matter, it cannot be said that it was an order passed in violation of the natural justice and the jurisdiction of this court under article 226 of the Constitution cannot be exercised to quash the said communication at Annexure-C. Hence, petition stands dismissed.