L.I.C. Vs. OM PRAKASH

JUDGEMENT

(1.) THE present letters patent appeal has been preferred against the order dated 21.5.2003, whereby, learned Single Judge has allowed Civil Writ Petition No. 41 of 1998 preferred by the respondent.

(2.) BY the impugned order dated 25.6.1996 challenged in the aforesaid writ petition, the service of the respondent herein was terminated in exercise of powers under Regulation 39(1)(f) of Life Insurance Corporation of India (Staff) Regulations, 1960 (in short called 'Regulations ') for the alleged charge of unauthorized absence of more than 90 days.

(3.) THE said order was challenged by way of writ petition. After considering the pleadings and rival contentions of the respondent, learned Single Judge has arrived at finding that no endeavour was made on the part of the appellants to hold an inquiry even for ex -parte before imposing a penalty and while allowing the Writ Petition No. 41 of 1998 vide impugned order dated 21.5.2003. Learned Single Judge has also observed that the respondent had not been afforded any opportunity of hearing before awarding punishment.