(i) an o·rder of suspension made or deemed to have been made under rule 4;
(ii) an order imposing any of the penalties specified in rule S whe ther made by the punishing authority or by any appellate or reviewing authority; ..
(iii) an order enhancing any penalty imposed under rule 5;
(iv) an order which-
(a) denies or varies to his disadvantage his pay, allowances, ·pensioD or other conditions of service as regulated by rules or by agreement;
(b) interprets to his disadvantage the provision~ of any such rule or agreement;
ishing o shall eld by tide of bority, of the for its (unless advice, ity has he reathority rule to dismis taking highest roment thority II such action rity for b con er this of the manner onsider reon as 1
16. Appellate authorities-A Government employee, including a person who has ceased to be a Government employee, may prefer an appeal against all or any of the orders specified. in rule IS to the authority speci fied in this behalf in the rules regulating his appointment and conditions of service.
(2) The appeal shall l;le presented to the authority to whom the appeal lies, -a copy being forwarded by the appellant to the authority which made the order appealed againsL It shall contaln material statements and arguments on which the appellant relies but shall not contain any disres pectful or improper language, and shall be complete in itself.
(3) The authority which made the order appealed against shall 'on receipt of a copy of the appeal, forward the' same with its comments thereon together with the rele~~nt record to the appellate ~rity with-
(ii) for the period from the date of his dismissal, removal or compulsory retirement from service, or from thE' date of his reduction to a lower service, grade, post, time scale or stag€ in a time scale of pay ta-.the date of his retire ment or restoration to his service, grade or post Or APPENDIX 24
(e) determining his pay and allowances
(i) for the period of suspension; or
(f) defermining whether or not the period from the date of his susp~nsion or from the date of his dismissal, removal compulsory retirement 01" reduction to a lower service' grade, post, tim~ sc~le of pay or sta~e in a.time sc~le of pay to the date of hIS reInstatement or restoration to hiS service grade or post shall be treated as a period spent on duty fo;
any purpose.
Explanation-In this rule-
(i) the expression 'Government employee' includes a person who has ceased to be in Government Service;
(ii) the expression 'pension' includes additional pension, gratuity and any other retirement benefit.
17. Period of limitations of appeal-No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of ferty-five days from the date on which a copy of the order appealed against is delivered to the appellant: .
Provided that the appellate may entertain the appeal after the expiry of the said period, if if. is satisfied that the appellant h&d sufficient cause for not preferring the app~al in time. .
18. Form and contents of appeal-(I) Every person preferring an appeal shall do so separately and in his own name.
178
(b) whether the findings of the punishing authority ate warranted by the evidence on the record; and 179APPENDIX 24
(c) whether the' penalty or the enhanced penalty imposed i~ ade quate, inadequate or severe;
and pass orders-
(i) confirming, enhancing, reducing Or setting aside the penalty; or
(ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction, as it may deem fit in the circumstances of the case;
Provided that-
(i) the Commission shall be consu-hed in all cases where such consultation is necessary;
(ii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 5 and an inquiry under rule 8 has not already" been held in the case. the appellate au thority shall subject to the provisions of rule 13, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of rule 8 and thereafter, on a consideration of the proceeding's --of su~h inquiry and after giving the appellant a reasonable opportunity as far as may be in accordance with the proVi sions of sub-rule (4) of rule 9 of making a representation against the penalty proposed on the basis of the evidence adduced during such inquiry make such orders as it may deem fit;
(iii) if the enhanced penalty which 1he appellate proposes to impose is one of the p~nalties specifieq in clauses (v) to (ix) of rule 5 and an inquiry under rule 8 has alrea,dy been held in
(2) Tn the case of an appeal against an order imposing any of the penalties specified in rule 5 or enhancing any penalty imposed under the said rule, the appellate authority shall consider:"-
(a) whether the procedure laid down in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any provision Qf the Constitution of India or in the failure of justice;
out any avoidable delay and without waiting for any direction from the appellate authority..
19. Consideration of appeal-(l) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 4 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.
including a fer an appeal tbority speci conditions of nal pension, I, removal or m the date of st, time scale of his retire post Or he date of his aI, removal, wer service e scale of pay to his service t on duty fo;
ter the expiry fficient cause preferring an eferred under red within a of the order against shall its comments fity withto whom the thodty which atements and in any disres-
PART VI
(d) pass such other orders as it may deem fit;
21. Review-(l) Notwithstanding anything contained in these rules- APPENDIX 24 the case. the appellate authority shalL aft er giving the appel lant a reasonable opportunity as far as may be i'n accordance with the provisions of sub-rule (4) of rule 9 of making a representatio:1 against the penalty proposed on the basis of the evidence adduced during the inquiry, make such orders as it may deem fit. and
(iv) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity as far as may be in accordance with the,provisions of rule 10 of making a representation against such enhanced penalty.
(c) remit the case, to the authority which made the order or to any other authority directing ,such authority to make further inquiry as it may consider proper in the circum sta~ces of the case; or
(a) confirm. modify or set aside the order; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or
Provided that no order imposing or enhancing any penalty shall be made by any reviewing authority unless the Government employee con cerned has been given a reasonable opportunity of making a representa tion against the penalty proposed and where it is proposed to impose any of the penalties specified in clauses (v) to (ix) of rule 5 cir to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in those clauses no such penalty shall be imposed except after an inquiry in the manner laid ~own in rule 8 and after giving a
(i) the Governor; or
(ii) the appellate authority. within six months of the date of the order proposed to be reviewed; or
(iii) any other authority, specified in this behalf by the Governor by a general or special order, alld within such time as may be prescribed in such general or special order;
20. Implementation of order in appeal- The authority which made the order appealed against shall give' effect to the orders passed by the appellate authority.
180
PART VII MISCELLANEOUS reasonable opportunity to the Government employee concerned of showing cause against the penalty proposed on the evidence adduced <luring the inquiry and except after consultation with the Commission, where such consultation is necessary.
181APPENDIX 24
22. Service of orders, notices, etc-Every order, notice and other process made or issued under these rule:. shall be served in person on the Government employee concerned or communicated to him by registered post.
25. Repeal and Saving-The Pu'njab Civil Services (Punishment and Appeal) Rules. 1952, and any notifications or orders issued in so far as they are inconsistent with these rules, a're hereby repealed;
Provided that-
(a) such repeal shall not affect the previous-operation of the said rules or any notifications or qrder madeJ-or anything done, or any action taken, thereunder; and
(b) any proceedings under the said rules, pending at the commencement of these rules, shall be continued and dispo sed of, as far may be in accordance wiLh the provisions of thes.e rules as if such proceedings were proceedings under these rules.
23. Power to relax time limit and to condone delay-Save as other wise expressly provided in these rules, the authority competent under these rules to make ant circler may, fOr good and sufficient reasons or if suffi cient cause is shown extend the time sepecified in these rules for anything required to b~ done under these rules or condone anx delay.
24. Supply of copy of commission's advice-Whe.,never the Commi ssion is consulted as provided in these rules, a copy of"the advice by the Commission and where such advice has not been accc,rted, also a brief statement of the reasons for such non acceptance, shal be furnished to Government employee concerned witl,1 a copy of the oI~er passed in the case, by the authority making the order.
of the date of nalty imposed no penalty has y which made assed by the made in any a reasonable the,p rovisions ch enhanced ned in these ng the appel i'n accordance of making a the basis of uch orders as the Governor h time as may de the order or hority to make in the circumy penalty shall employee cong a representa to impose any or to enhance d to any of the imposed except d after giving a
2. Nothing in these rules shall be construed as depriving any person to whom these rules apply of any right of appeal which had accrued to him under {ne rules, notification Or orders in force before the commence ment of these rules.
(3) An appenl pending at the commencement of these rules against an order made before such commencement shall be considered and orders thereoB shl:lll be made in accordance with these rules, as if such orders were made apd the appeal was preferred under these rules.
Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal or review provided by any rule in force before the commencement of tbese rules.
v P v APPENDIX 24
(4) As from the commencement of these rules any appeal or appli cation for review against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules;