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Union of India - Section

Section 48 in Life Insurance Corporation of India (Staff) Rules, 1960

48. Review.

(1)Notwithstanding anything contained in these [Rules] [Substituted 'Regulations' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).], the [Board] [Substituted 'Corporation' by Notification No. G.S.R. 481(E), dated 7.7.2021 (w.e.f. 23.7.1960).] may, on its own motion or otherwise, after calling for the records of the case, review any order which is made or is appealable under these [rules] [Substituted 'regulations' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).], and -
(a)confirm, modify or set aside the order;
(b)impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;
(c)remit the case to the authority which made the order or to any other authority directing such further action or inquiry as it considers proper in the circumstances of the case; or
(d)pass such other orders as it deems fit.
Provided that an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty.
(2)The authority to which an appeal against an order imposing any of the penalties specified in Regulation 39 lies may, of its own motion or otherwise, call for the records of the case in a disciplinary proceeding, review any order passed in such a case and pass such orders as it deems fit, as if the employee had preferred an appeal against such order.Provided that an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty.Provided further that no action under this [sub-rule] [Substituted 'sub-regulation' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).] shall be initiated more than six months after the date of the order to be reviewed.
(3)[ The Managing Director or the [Chief Executive] [Notified in Gazette of India, Part-III Section 4 dated 7.8.1971.] may on his own motion or otherwise call for the records of the case of any employee in any proceedings pending before any disciplinary or appellate authority subordinate to him, and remit the case to any authority in any office who, if the employee had been working in that office would have adequate disciplinary powers to deal with the case, with such direction as the [Chief Executive] [Substituted 'Chairman' by Notification No. G.S.R. 481(E), dated 7.7.2021 (w.e.f. 23.7.1960).] or the Managing Director may deem fit in the circumstances of the case with regard to further proceedings in the case.]
(4)[ Notwithstanding anything contained in these rules, if the order of punishment imposed by any authority is inapplicable and ineffective on technical grounds, the [Chief Executive] [Inserted by Notification No. G.S.R. 647(E), dated 19.10.2020 (w.e.f. 23.7.1960).] may call for the facts of the case, set aside the said order and remit the case to the authority which made the order or to any other authority directing to pass fresh orders imposing penalty, without further enquiry.]