Facts
The petitioner, an Assistant Administrative Officer with the Life Insurance Corporation of India (LIC), was involved in a physical altercation with another employee at the LIC office on 4 March 2022.
Source reference: para. 1–8Following departmental proceedings, the disciplinary authority found that he had abused and slapped the other employee and removed him from service on 2 June 2023.
Source reference: para. 1–8His departmental appeal was rejected on 29 February 2024.
Source reference: para. 1–8The petitioner challenged both orders, alleging procedural unfairness and disproportionate punishment; the respondents maintained that the inquiry was fair and the misconduct proved.
Source reference: para. 1–8Issues
Whether the departmental inquiry and findings of misconduct were vitiated by procedural unfairness or otherwise warranted interference in judicial review
Source reference: para. 3–8Whether removal from service was shockingly disproportionate to the misconduct proved, requiring reconsideration of the penalty
Source reference: para. 9–11Law Applied
The Court applied Rules 21 and 24 of the Life Insurance Corporation of India (Staff) Rules, 1960, concerning the alleged misconduct, and Rule 39, including Rule 39(1)(i), under which the penalty was imposed.
Source reference: para. 8It relied on Punjab & Sind Bank v. Raj Kumar, 2026 SCC OnLine SC 519, for the rule that courts ordinarily defer to the disciplinary authority on punishment but may interfere where the penalty is so disproportionate that it shocks the court’s conscience; ordinarily, the matter should then be remitted for reconsideration.
Source reference: para. 9–10It also relied on Surekha Domaji Bele v. Executive Engineer, Testing Division, MSEDCL, 2026 SCC OnLine SC 1109, for the principle that penalty may be reconsidered in light of the nature of the misconduct, length of service, past record, age, and other relevant circumstances.
Source reference: para. 10Reasoning
The Court held that the inquiry complied with the applicable rules and principles of natural justice: the petitioner had an opportunity to defend himself and cross-examine witnesses, and the departmental witnesses supported the allegation that he abused and slapped his colleague. It therefore found no basis to disturb the finding of misconduct.
Source reference: para. 8On penalty, however, the Court considered the nature and circumstances of the altercation and the subsequent settlement between the employees. Although the settlement did not extinguish the employer’s right to discipline the petitioner, it was a relevant mitigating circumstance. In the Court’s view, removal from service was shockingly disproportionate, so the quantum of punishment required reconsideration.
Source reference: para. 10–11Holding
The petition was partly allowed. The finding of misconduct was maintained, but the orders of 2 June 2023 and 29 February 2024 were set aside insofar as they concerned the quantum of punishment.
The matter was remitted to the competent disciplinary authority to reconsider the penalty, taking account of the specified circumstances, and issue a reasoned order within eight weeks of production of a certified copy of the judgment.
Source reference: para. 12–13Original Court PDF
LOKESH TEWARIvsMANAGING DIRECTOR
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