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[Cites 0, Cited by 0] [Section 39] [Entire Act]

Union of India - Subsection

Section 39(3) in Life Insurance Corporation of India (Staff) Rules, 1960

(3)[ (i) the disciplinary authority empowered to impose any of the major penalties under clauses (f) to (j) of sub-rule (1) may itself enquire into such of the charges as are not admitted or if it considers necessary so to do, appoint a board of enquiry or an enquiry officer for the purpose;
(ii)the disciplinary authority or any higher authority as specified in Schedule I may impose any of the penalties specified in rule 39;
(iii)where it is proposed to impose any of the minor penalties under clauses (b) to (e) of sub-rule (1), the employee concerned shall be informed in writing of the imputation of lapses against him and given an opportunity to submit his written statement of defence within a specified period not exceeding fifteen days or such extended period as may be granted by the disciplinary authority and the defence statement, if any, submitted by the employee shall be taken into consideration by the disciplinary authority before passing orders. However, where the disciplinary authority is satisfied that an inquiry is necessary it shall follow the procedure for imposing a major penalty under clauses (f) to (j) of sub-rule (1);
(iv)where the disciplinary authority is of the opinion that the penalty to be imposed is any of the penalties specified in clauses (f) to (j) of sub-rule (1), and if it is lower in rank to the appointing authority in respect of the category of employees to which the employee belongs, it shall submit to the appointing authority its recommendations regarding the penalty that may be imposed and records of the enquiry shall also be submitted to the appointing authority in such cases and thereafter the appointing authority shall make an order imposing such penalty, as it considers appropriate;
(v)where there is a complaint of sexual harassment within the meaning of rule 24A of the Life Insurance Corporation of India (Staff) Rules, 1960, the Internal Complaints Committee established in each Divisional or Zonal or Central Office for inquiring into such complaints shall be deemed to be a board of enquiry or an enquiry officer appointed by the disciplinary authority for the purpose of clause (i) of sub-rule (3);
(vi)where two or more employees are involved in a case, the authority competent to impose a major penalty on all such employees may make an order directing that departmental enquiry against all of them may be taken in a common proceeding.]