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Judgment
The instant writ petition has been filed by the petitioners seeking quashment of Impugned order dated 24.09.2001 passed by the respondent No. 2 whereby the penalty of termination of agency and forfeiture of commission has been imposed upon the deceased- Swaran Singh agent.
The case of the petitioners is that deceased-husband of the petitioner No.1 and father of petitioner No.2, namely, Swaran Singh was working as an Insurance Agent for the Life Insurance Corporation of India under the Agent Code No. 560-13J and was working as such under the organization of R. S. pathania (DO) Branch Office Kathua, which falls under the Srinagar Division. It is stated deceased-Swaran Singh was regularly receiving commission on the premium gathered by him from respondent No. 3 till the financial year 1998.It is further stated that deceased-Swaran Singh got involved in a false and frivolous criminal case along with other persons who were also the agents of the Life Insurance Corporation of India. Thereafter, the said deceased-Swaran Singh expired on 09.04.2005, as such the challan against him has been abated and he would be deemed to have been exonerated of the charges leveled against him.
It is contended that commission payable to the deceased-Swaran Singh husband of petitioners No. 1 over the premium gathered by him from the year 1998 onwards has been retained by the respondent No. 3 and petitioners being the legal heirs of the deceased-Swaran Singh in terms of Rules 19(2) of the Life Insurance Corporation of India (Agents) Regulations, 1972, are entitled to receive the commission payable to the deceased-agent. It is stated that petitioners filed an application for grant of succession certificate for the amount of commission lying with the respondent no. 3 in the name of deceased-Swaran Singh, however, the respondent No. 3 disclosed that some disciplinary proceedings were conducted against the deceased whereby the disciplinary authority has found him guilty and vide order dated 24.09.2001 penalty has been imposed upon him for termination of agency and forfeiture of all commissions payable to him. It is stated that aforesaid disciplinary proceedings have been initiated without any intimation to the petitioners and without affording an opportunity of being heard to them.
After arguing for a while, learned counsel for the petitioners states that he wants to withdraw the instant petition with liberty to avail alternate remedy under law. His statement is taken on record. To this other side has also no objections.
In view of the submissions made, the instant petition is disposed of by giving liberty to the petitioners to avail the alternate remedy under Life Insurance Corporation of India (Agents) Regulations, 1972. If any, such appeal is filed, same shall be considered by the Competent Authority under law.
Writ petition shall stand disposed of.