(1) The appeal to the First and Second Appellate Authority shall be made as per the prescribed format given at Form 'B' & 'C' respectively.
(2) Appellate authorities may summon the record of subordinate office(s) for adjudication of the appeal(s). In exceptional circumstances, any Officer may be authorized for required investigation by the Appellate Authorities.
(3) The appellate authority (First or Second) may, if required, summon either in person or through their representative, the Designated Officer, the First Appellate Authority or any other Officer involved in the process of providing such services, as the case may be.
(4) If the applicant or Designated Officer/Appellate Authority or other concerned officials either themselves or through their authorized representatives do not appear before the First or Second Appellate Authority, then the case may be decided ex-parte in their absence.
However, if the parties are unable to be present for justified reasons, another opportunity may be given to them before proceeding ex-parte.
(5) No order shall be passed against any person or official without granting him an opportunity of being heard.
(6) The appellate authority (first or second) shall pass a well reasoned speaking order after due consideration of all the record produced before it. The order shall be read out in the open court and issued in writing.
(7) A copy of the order in the first or second appeal shall be given to the applicant, designated officer and/or any other official(s) concerned, without charging any fees.
12 Recovery of Penalty:-
1. In the case of imposition of penalty, the Second Appellate Authority shall forward a copy of such order to the Administrative Department concerned with instructions to deduct the amount from the salary or remuneration of the Designated Officer and/or any other official involved in the process of providing such service against whom penalty has been awarded. A copy of such order shall also be endorsed to the Commission, for information.
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2. In the event of recommendations for disciplinary action against the Designated Officer and/or any other official, the Second Appellate Authority shall send a copy of such order to the Administrative Department concerned as well as to the Commission.
3. The penalty imposed under the Act shall be recovered in proportion to be fixed by the Second Appellate Authority from the salary or remuneration of the Designated Officer and/or any other officerjofficial involved in the process of providing such service.
4. The concerned authority, to whom a copy of such order of Second Appellate Authority has been sent shall recover the penalty from the next salary/remuneration of the Designated Officer and/or any other officer/official involved in the process of providing such services, as decided by the Second Appellate Authority. The penalty so recovered shall be deposited in the receipt head of the State/ UT Government and a copy thereof shall be forwarded to the Second Appellate Authority.
5. In the event of award of compensation to the applicant/appellant by the Second Appellate Authority, the concerned authority shall make payment to the applicant/ appellant out of penalty imposed by it and deposit the balance amount in the receipt head of the State/UT as stipulated in the above said sub-rule. A copy of receipt of compensation paid shall be forwarded to the Second Appellate Authority by the department.
13 REVISION:- Section 10
(1) An application for revision addressed to the Commission constituted under section 12 of the Act, shall be made in Form D.
(2) The applicant shall enclose a self-attested copy of the order of the Second Appellate Authority against which the revision petition has been made.
(3)
(4) While deciding any application/ reVISIon petition, in order to ascertain the facts, the Commission may authorize an officer to enquire into the matter. The officer, to whom such an inquiry is entrusted, shall submit report to the Commission within a maximum period of fifteen days.
The Commission shall decide the applicationj revision petition on the basis of the relevant record available before it.
14 Section 15 (6) Salary, allowances and conditions of service of the officers and other employees:- The employees appointed on deputation from any department of the State/ UT Government, Board, Corporation or other statutory body of the Statej UT Government, shall be paid such salaries and allowances as admissible to them under the Rules applicable to their Service and they shall be governed under the said rules and relevant instructions issued by the State/ UT Government from time 5 to time. The Commission may also employ retired employees of the State/ UT Government, Board, Corporation or other statutory body of the State/UT Government for a period of 05 years or till the age of sixty-five, whichever is earlier, as per relevant instructions issued by the State/UT Government from time to time on contractual service or for outsourcing of the officials.