Section 46 in Life Insurance Corporation of India (Staff) Rules, 1960
46. Consideration of Appeals.
(1)In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of Regulation 36 and having regard to the circumstances of the case the order of suspension is justified or not and confirm or revoke the order accordingly.(2)In the case of an appeal against an order imposing any of the penalties specified in Regulation 39, the appellate authority shall consider(a)whether the procedure prescribed in these [Rules] [Substituted 'Regulations' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).] has been complied with, and if not, whether such non-compliance has resulted in failure of justice;(b)whether the findings are justified; and(c)whether the penalty imposed is excessive, adequate or inadequate, and pass orders -(i)setting aside, reducing, confirming or enhancing the penalty; or(ii)remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case.Provided that -(i)the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appealed against is competent in the case to impose;(ii)no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty; and(iii)if the enhanced penalty which the appellate authority proposes to impose is one of the penalties in clauses [(f) to (j)] [Substituted '(b) to (g)' by Notification No. G.S.R. 647(E), dated 19.10.2020 (w.e.f. 23.7.1960).] of Regulation 39, and an inquiry under the said Regulation has not already been held in the case, the appellate authority shall itself hold such inquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making any representation which he may wish to make against such penalty, pass such orders as it may deem fit.(3)All appeals should be disposed of as expeditiously as possible and in any event not later than 6 months from the date of receipt of the appeal by the appellate authority.
