Uttarakhand High Court
Employment and Labour LawAdministrative and Public Law

Removal for workplace assault was shockingly disproportionate, warranting reconsideration of punishment.

LOKESH TEWARI vs MANAGING DIRECTOR

Uttarakhand High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Removal for workplace assault was shockingly disproportionate, warranting reconsideration of punishment.. LOKESH TEWARI vs MANAGING DIRECTOR. Uttarakhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 1–8

Following 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. 1–8

His departmental appeal was rejected on 29 February 2024.

Source reference: para. 1–8

The 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. 1–8
02

Issues

Whether the departmental inquiry and findings of misconduct were vitiated by procedural unfairness or otherwise warranted interference in judicial review

Source reference: para. 3–8

Whether removal from service was shockingly disproportionate to the misconduct proved, requiring reconsideration of the penalty

Source reference: para. 9–11
03

Law 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. 8

It 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. 9–10

It 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. 10
04

Reasoning

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. 8

On 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. 10–11
05

Holding

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. 12–13
Uttarakhand High Court

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LOKESH TEWARIvsMANAGING DIRECTOR

Uttarakhand High Court · September 30, 2026

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