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Supreme Court of India 2020-02-25 allowed

Life Insurance Corporation of India vs Mukesh Poonamchand Shah

Bench: 2 — Dhananjaya Y Chandrachud, Hemant Gupta

In Brief

Life Insurance Corporation issued a notice proposing to remove an employee (respondent) from service following his conviction for fraud and corruption. The employee challenged this, arguing that pending his criminal appeal, the employer should not take action. The High Court agreed and restrained the employer from deciding. The Supreme Court reversed this, holding that when an employee is convicted on criminal charges, the employer can proceed with major penalties like removal without repeating the full disciplinary inquiry procedure, even while the criminal appeal is pending. Suspension of sentence does not affect the conviction or preclude disciplinary action.

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Civil Service Law Disciplinary Action Criminal Law and Procedure Double Jeopardy Employee Rights Administrative Law

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