Disposed

K.M.Santhosh v. SBI Life Insurance Company Limitted

Kerala HC5 Feb 2016WP(C)/243/2016

Case brief

AI extract

What is this about?

The Court directed the disciplinary authority to supply enquiry documents to the petitioner within two weeks. Allowable adjournments were granted for objections and hearing. Salary dispute for December was noted for payment. Termination was not restrained pending enquiry.

What did the court decide?

Disciplinary authority to supply enquiry documents within two weeks. Delayed salary payment of December directed. Hearing adjourned.

K.M.Santhosh Vs SBI Life Insurance Company Limitted — Execution and Attachment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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FRIDAY, THE 5TH DAY OF FEBRUARY 2016/16TH MAGHA, 1937

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WP(C).No. 243 of 2016 (E)

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PETITIONER(S):

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-----------------------

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K.M.SANTHOSH, AGED 39 YEARS, S/O.M.N.B. PILLAI, LOVE LAND, VALIYAVEEDU LANE, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM, NOW WORKING AS SENIOR BRANCH SALES MANAGER, SBI LIFE INSURANCE COMPANY LIMITED, MOOVATTUPUZHA.

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BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA

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RESPONDENT(S):

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-------------------------

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1. SBI LIFE INSURANCE COMPANY LIMITED, REP. BY ITS MANAGING DIRECTOR, REGD. AND CORPORATE OFFICE, NATRAJ, M.V.ROAD AND WESTERN EXPRESS HIGHWAY JUNCTION, ANDHERI, MUMBAI - 400 069.

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2. VICE PRESIDENT (HUMAN RESOURCES), SBI LIFE INSURANCE COMPANY LTD., REGD. AND CORPORATE OFFICE, NATRAJ, MV ROAD AND WESTERN EXPRESS HIGHWAY JUNCTION, ANDHERI, MUMBAI - 400 069.

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3. EXECUTIVE DIRECTOR ZONE 2, SBI LIFE INSURANCE COMPANY LIMITED, ZONE II, NATRAJ, MV ROAD AND WESTERN EXPRESS HIGHWAY JUNCTION, ANDHERI, MUMBAI - 400 069.

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4. SUBASH BABU,

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REGIONAL DIRECTOR, KERALA REGION, SBI LIFE INSURANCE COMPANY LIMITED, CHENNAKKARA BUILDING, VELLAYAMBALAM, VAZHUTHACAUD ROAD, THIRUVANANTHAPURAMPIN - 695 010.

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WP(C).No. 243 of 2016 (E)

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5. DINESH R., REGIONAL SALES MANAGER, KERALA REGION, SBI LIFE INSURANCE LIMITED COMPANY, CHENNAKKARA BUILDING, VELLAYAMBALAM, VAZHUTHACAUD ROAD, THIRUVANANTHAPURAMPIN - 695 010.

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6. M.PADMAKUMAR,

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AREA SALES MANAGER,

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SBI LIFE INSURANCE LIMITEDCOMPANY

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CHENNAKKARA BUILDING, VELLAYAMBALAM, VAZHUTHACAUD ROAD

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THIRUVANANTHAPURAMPIN - 695 010.

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7. CHACKO K.V.,

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SENIOR DIVISIONAL SALES MANAGER,

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SBI LIFE INSURANCE CO. LTD. CHANDRIMA BUILDING,

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THIRUVALLA, PATHANAMTHITTA DISTRICT. PIN - 689 101.

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8. SREEJITH P.R.,

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NOW WORKING AS BRANCH MANAGER,

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SBI LIFE INSURANCE COMPANY LIMITED, PUNALUR,

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KOLLAM DISTRICT. PIN - 691 305.

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9. GIRIJA KUMARI T.,

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(I A CODE - 16622203) CHENNAYATHU VEEDU, ELAMANOR P.O., PATHANAMTHITTA. PIN - 691 524.

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10. LALAMMA A.O.,

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W/O.ALEXANDER PREMKUMAR OOMMEN, MAMMIKOYIKKAL HOUSE, VAKAYAR P.O., KONNI, PATHANAMTHITTA DIST., PIN - 680 698.

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R1-R3 BY ADVS. SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 243 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P-1: TRUE COPY OF THE APPLICATION FILED BY THE 10TH RESPONDENT FOR INSURANCE PROPOSAL

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EXT.P-2: TRUE COPY OF THE LETTER DT.23.7.2013 OF THE 8TH RESPONDENT

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EXT.P-3: TRUE COPY OF THE LETTER DATED 11.7.2014 ISSUED TO THE PETITIONER

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EXT.P-4: TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 21.7.2014

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EXT.P-5: TRUE COPY OF THE EMAIL ISSUED BY THE AREA SALES MANAGER DATED 19.8.2014

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EXT.P-6: TRUE COPY OF THE CUSTOMER INFORMATION STATEMENT

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EXT.P-7: TRUE COPY OF THE SHOW CAUSE NOTICE DATED 22.4.2015 ISSUED TO THE PETITIONER

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EXT.P-8: TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER ON 29.4.2015

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EXT.P-9: TRUE COPY OF THE TERMS AND CONDITIONS OF SERVICE OF SBI OFFICERS

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EXT.P-10: TRUE COPY OF THE NOTICE DATED 26.10.2015 INTIMATING THE ENQUIRY PROCEEDINGS

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EXT.P-11: TRUE COPY OF DISCHARGE SUMMARY ISSUED TO THE PETITIONER BY ASTER MEDCITY DATED 26.9.2015

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EXT.P-12: TRUE COPY OF THE LETTER SIGNED BY THE MANAGING DIRECTOR OF IST RESPONDENT AND EXECUTIVE DIRECTOR, ZONE II DATED 1.9.2015

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EXT.P-13: TRUE COPY OF EXPLANATION DATED 11.11.2015 SUBMITTED BY THE PETITIONER

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EXT.P-14: TRUE COPY OF PETITIONER'S MEDICAL CERTIFICATE DATED 28.12.2015

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RESPONDENT(S)' EXHIBITS:

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EXT.R1(a); TRUE COPY OF CERTIFICATE OF INCORPORATION NO.11-129113 DTD.11.10.2000 IN FAVOUR OF RESPONDENT COMPANY.

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EXT.PR1(b): TRUE COPY OF LIST OF THE INSURERS DISPLAYED ON THE WEB SITE OF THE FINANCE MINISTRY OF DEPARTMENT OF FINANCIAL SERVICES.

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WP(C).No. 243 of 2016 (E)

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EXT.R1(c): TRUE COPY OF LETTER OF APPOINTMENT DTD.22.12.2010 ISSUED BY THE RESPONDENT COMPANY TO THE PETITIONER.

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EXT.R1(d): TRUE COPY OF ORDER DTD.21.7.2011 FOR EXTENSION OF PROBATION ISSUED BY THE RESPONDENT COMPANY TO THE PETITIONER.

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EXT.R1(e): TRUE COPY OF ORDER NO.S3/SSS/61 DTD.6.9.2011 ISSUED BY THE RESPONDENT COMPANY TO THE PETITIONER.

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EXT.R1(f): TRUE COPY OF ORDER NO.S3/2013-14/S3/07 DTD.30.4.2013 ISSUED BY THE RESPONDENT COMPANY TO THE PETITIONER.

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EXT.R1(g): TRUE COPY OF ENQUIRY PROCEEDINGS DTD.23.6.2014 TO THE COMPLAINT GIVEN BY MR.SARATH KUMAR.

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EXT.R1(h): TRUE COPY OF ENQUIRY REPORT DTD.19.11.2015 SUBMITTED BY THE ENQUIRY OFFICER ON TERMINATION OF 2 EMPLOYEES.

//TRUE COPY//

P.S.TO JUDGE

Ms v/

K. VINOD CHANDRAN, J.

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========================

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W.P.(C). No.243 of 2016

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Dated this the 5^th day of February, 2016

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JUDGMENT

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The petitioner, a delinquent employee who has been proceeded against departmentally, is before this Court with prayers to restrain the respondents from terminating him unless otherwise than by the procedure contemplated under Rule 10 of

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the conduct rules of directly recruited employees of SBI Life, which is produced as Ext.P9.

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The learned Senior Counsel appearing for the respondents 1 to 3 submits that no such relief could be granted since departmental proceedings are pending and the Enquiry Report has already been filed by the Enquiry Officer. The proceedings are said to be in compliance with the conduct rules. The Enquiry Report is produced as Ext.R1(H) which is also served on the petitioner and received by him on 3.2.2016. The showcause notice enclosing the enquiry report was answered by the petitioner and now a personal hearing is posted on 15.2.2016. If the petitioner wants to submit a written objection, he can do so.

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W.P.C. No.243 of 2016 -2-

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The petitioner submits that the entire proceedings of the enquiry, including the documents relied on has not been supplied to him.

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In such circumstance, the disciplinary authority shall

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ensure that copies of the enquiry proceedings along with the documents are supplied to him within a period of two weeks from today. The petitioner shall also be entitled to give written objections after receipt of the same within a period of two weeks therefrom. The hearing posted on 15.2.2016 shall stand adjourned. The petitioner shall file objections on or before 4.3.2016 and shall appear before the disciplinary authority on 8.3.2016. The petitioner shall be heard either on 8.3.2016 or on any other day fixed by the disciplinary authority or his office, within a period of two weeks therefrom. The matter shall be concluded within a period of one month from the date of hearing.

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The petitioner submits that he has not been paid the salary for the month from December, 2015 onwards. The learned Senior Counsel submits that he has been on unauthorised absence from 30.12.2015. Since the petitioner was present and working till December, the petitioner's salary for the said month

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W.P.C. No.243 of 2016 -3-

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shall be paid within a period of one week from today. With respect to the balance period, the petitioner has a contention that he had given an application for leave along with Medical Certificate. The same shall be considered by the respondents. If the petitioner is desirous of joining back while the proceedings are pending, the petitioner shall be permitted to do so.

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The writ petition is disposed of, leaving open all contentions of either parties.

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K. VINOD CHANDRAN, JUDGE

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kp/-5.2.16

K.M.Santhosh v. SBI Life Insurance Company Limitted

Case brief

What is this about?

What did the court decide?

K.M.Santhosh v. SBI Life Insurance Company Limitted

Case brief

What is this about?

What did the court decide?

What the court decided

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