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2017 Supreme(Ker) 1117

A.MUHAMED MUSTAQUE
T. Sivadasan, Assistant Branch Manager, Life Insurance Corporation of India – Appellant
Versus
Life Insurance Corporation of India – Respondent


Advocate Appeared:
For the Petitioner:K. Ramakumar, Senior Advocate, S.M. Prasanth, M. Manojkumar (Chelakkadan), Asha Babu, Ammu Charles, Advocates
For the Respondents: S. Easwaran, SC

JUDGMENT :

1. The petitioner is an employee of the Life Insurance Corporation of India (“LIC” for short). He has been punished in the departmental proceedings. The penalty imposed on him is reduction in basic pay by four stages and recovery of loss by Rs.50,637.18. On same set of allegations, a criminal case was also registered against him. He was convicted by the criminal court. The disciplinary authority further imposed a punishment of removal from service consequent upon conviction in criminal case. The petitioner challenges imposition of penalty of removal from service. According to him, an employee cannot be penalised twice on the same cause of action or on the same set of facts.

2. The petitioner approached this court when he was served with a show cause notice proposing imposition of penalty of removal from service. This writ petition is pending from the year 2014 onwards. Along with I.A.No.5980/2017 filed by the third respondent, the final order of imposition of penalty has been produced. This order is dated 12.7.2014. Though, there is no challenge against the final order by way of an amendment of the writ petition, nevertheless, the petitioner having challenged the show-caus






























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