JUDGEMENT

This Intra Court appeal filed under Section 2(1) of Madhya Pradesh Uchcha Nyalaya (Khand Nyapeeth Ko Appeal) Adhiniyam, 2005, assails the order dated 18/07/2023 passed in Writ Petition No.11643 of 2017 (Shri Yeshwant Singh Garewal vs. Life Insurance Corp. of India & others) wherein the writ Court considered the ambit and scope of Clause 39(1)(d) of Life Insurance Corporation of India (Staff Regulations 1960).

2. Draped in brevity, the admitted facts are that the respondent/petitioner was subjected to a disciplinary proceeding which ended with issuance of order dated 27/02/2016 imposing punishment of ‘reduction to the minimum in the time scale of pay applicable to his cadre.’ This punishment order became subject matter of challenge before learned Single Bench mainly on the ground that in the teeth of Regulation 39(1)(d) such punishment is impermissible. The interpretation advanced by the petitioner was accepted by writ Court and it was held that in the light of judgment of Supreme Court in the case of Vijay Singh vs. The State of Uttar Pradesh and others (2012) 5 SCC 242, the disciplinary authority cannot impose the punishment which