Section 39 in Life Insurance Corporation of India (Staff) Regulations, 1960
39. Penalties.
(1)Without prejudice to the provisions of other regulations, [any one or more of] [Notified in Gazette of India, Part-III Section 4 dated 7.8.1971.] the following penalties for good and sufficient reasons, and as hereinafter provided, be imposed [by the disciplinary authority specified in Schedule-I] [Notified in Gazette of India, Part-III Section 4 dated 7.8.1971.] on an employee who commits a breach of regulations of the Corporation, or who display negligence, inefficiency or indolence or who knowingly does anything detrimental to the interest of the Corporation, or conflicting with the instructions or who commits a breach of discipline, or is guilty of any other act prejudicial to good conduct -(a)Censure;(b)[ Withholding of one or more increments either permanently or for a specified period;] [Notified in Gazette of India, Part-III Section 4 dated 7.8.1971.](c)recovery from pay or such other amount as may be due to him of the whole or part of any pecuniary loss caused to the Corporation by negligence or breach of order;(d)reduction to a lower service, or post, or to a lower time scale, or to a lower stage in a time-scale;(e)compulsory retirement;(f)removal from service which shall not be a disqualification for future employment;(g)dismissal.(2)[ No order imposing on an employee any of the penalties specified in clauses (b) to (g) of sub-regulation (1) supra, shall be passed by the disciplinary authority specified in Schedule I without the charge or charges being communicated to him in writing and without his having been given a reasonable opportunity of defending himself against such charge or charges and of showing cause against the action proposed to be taken against him.] [Notified in Gazette of India, Part-III Section 4 dated 7.8.1971.](3)The disciplinary authority empowered to impose any of the penalties, (b), (c), (d), (e), (f) or (g) may itself enquire into such of the charges as are not admitted or if it considers it necessary so to do, appoint a board of enquiry or an enquiry officer for the purpose.(4)Notwithstanding anything contained in sub-regulations (1) and (2) above -(i)where a penalty is imposed on an employee on the grounds of conduct which had led to a conviction on a criminal charge; or(ii)where the authority concerned is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to follow the procedure prescribed in this regulation; or(iii)[ where an employee has abandoned his post, the disciplinary authority may consider the circumstances of the case and pass such orders thereon as it deems fit.] [Notified in Gazette of India, Part-III Section 4 dated 7.8.1971.][Explanations: 1. For the purpose of this regulation, an employee shall be deemed to have abandoned his post if he absents himself from duty without leave or overstays his leave for a continuous period of ninety days without any intimation therefor in writing.
