Case Title: Life Insurance Corporation Of India v. Shri Yeshwant Singh Garewal
Case No.: WRIT APPEAL No.1652 OF 2023
Decided On: 08.02.2024
Coram: Hon’ble Mr. Justice Sujoy Paul , and Hon’ble Mr. Justice Vivek Jain
Facts of the Case:
In this case, the petitioner contested a disciplinary hearing that resulted in an order imposing a fine of’reduction to the minimum in the time scale of pay in accordance with LIC Staff Regulations 1960, Clause 39(1)(d). The petitioner used a ruling from the Supreme Court to support their claim that this punishment was illegal under the rule. But the High Court read the law a different way, overturning the previous ruling and ruling that, in accordance with the legislation’s wording, “minimum” meant “lower.”
Legal Provisions
This case includes the interpretation of Life Insurance Corporation of India (Staff Regulations 1960) Clause 39(1)(d), which addresses disciplinary punishments. In particular, it says that the penalty is “reduction to a lower service, post, time scale, or stage in a time-scale.”
Issues
This dispute concerns the interpretation of rule 39(1)(d) of the Life Insurance Corporation of India (Staff Regulations 1960), namely whether the penalty imposed is “lower” or “minimum” in accordance with the text of the rule. The court was required to decide if the penalty administered was covered by Regulation 39(1)(d).
Courts analysis and decision
Regulation 39(1)(d) of the Life Insurance Corporation of India (Staff Regulations 1960) refers to “reduction to a lower service, post, time scale, or stage.” The court examined whether the petitioner’s penalty of “reduction to the minimum in the time scale of pay” was in line with this provision. The court rejected the argument that “minimum” is not the same as “lower,” holding that the phrase “lower” in the rule includes the punishment imposed. As a result, the court overturned the previous ruling, finding that the penalty was appropriate under the regulations.
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Written by- Aastha Ganesh Tiwari
