URMILABEN M PRAJAPATI Vs. CHAIRMAN

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the orders dated 31.03.2000, 23.08.2001 and 05.09.2002, passed by the respondents-authorities, whereby the respondents-authorities have terminated the agency of the petitioner and forfeited the commissions.

(2.) The short facts of the case are that the petitioner was working as an Agent of respondent-Corporation w.e.f March, 1993. On 30.09.1994, the petitioner had canvassed a case of one Shri Ashokkumar Ramjibhai Parmar, who was allotted Policy No 850364841. However, the insured expired on 28.02.1996 due to 'Pulmonary Tuberculosis'

(3.) The learned counsel for the petitioner has contended that the Sr. Divisional Manager, Gandhinagar while issuing charge sheet cum show-cause notice dated 03.02.2000, has not made any reference to Regulation 19 of the Regulations. However, he has submitted that even if the termination is on germane grounds, the same will not authorize the respondents-authorities to forfeit the commission. While passing the impugned order, the authorities have recorded the finding that fraud has been committed by the petitioner, but no finding has been arrived at regarding forfeiture of commission. Hence, the impugned orders passed by the respondents-authorities is bad in law and deserves to be quashed and set aside.