Section 39 in Life Insurance Corporation of India (Staff) Rules, 1960
39. Penalties.
(1)Without prejudice to the provisions of other [rules] [Substituted 'regulations' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).], [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 [rules] [Substituted 'regulations' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).] 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 -[Minor Penalties: [Substituted by Notification No. G.S.R. 647(E), dated 19.10.2020 (w.e.f. 23.7.1960).](a)censure;(b)withholding of one or more increments for a specified period not exceeding three years;(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 orders;(d)withholding of promotion;(e)reduction to a lower stage in a time-scale of pay for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.Major Penalties:(f)reduction to a lower stage in a time scale of pay for a specified period exceeding three years with or without cumulative effect and with further direction as to whether or not the employee will earn increments of pay during the period of such reduction;(g)reduction to a lower service or post or to a lower time scale or to a lower stage in a time-scale;(h)compulsory retirement;(i)removal from service which shall not be a disqualification for future employment;(j)dismissal.](2)[ No order imposing on an employee any of the penalties specified in [clauses (f) to (j)] [Notified in Gazette of India, Part-III Section 4 dated 7.8.1971.] of [sub-rule] [Substituted 'sub-regulation' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).] (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.](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.](4)Notwithstanding anything contained in [sub-rules] [Substituted 'sub-regulation' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).] (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 [rule] [Substituted 'regulation' by Notification No. G.S.R. 459(E), dated 30.6.2021 (w.e.f. 23.7.1960).]; 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 [rule] [Notified in Gazette of India, Part-III Section 4 dated 7.8.1971.], 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.
