(1), ~ '. "..",•..~ e Government and irf the case of. a local body, the'local body concerned, shall appoint, by notmcatior:, an .offiC9f r,ot b~Jow the rank of Deputy Secretary or its equivalent rank in th~;
case 0'; local body, to act a~ competent- Qffif:~er erppowered to impose cost. . ,. . . .
against the government servant defaulting or delaying the delivery of services in accordance ith this Act.
(2) The Government or theiocal body conce ad: as the case may be, shall for the purpose of payment of cost, confer the competent officer the procedure and rules ,as applicable.
, " '10. Proce ti-r~ g~ve~i':'g:fiX!ng'of liability.- 1) Within a period of 7 cost, the competent officer.
,", fifteen ~ays ,of ~he' payment 'Of such compensato . I, . '!:
powers of drawlng and disburSement ?fficer in accordance with the law, " ,,~) On sl;lth 'demand' of' compensatory cost by the citizen, at the 'time ~pf delivery of citizen related',services, rt shall be the duty of the competeflt officer to pay such cost to the citizen: against acknowledg ent and receipt as per the fo..mal as p'3scn~.d in the. rules. .. .~ t;·J. :
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--~~---- -- after condu,.;iing pr~liminary enci" 'try, shall. issue notice against the ,/ . government .s~rvant found respC?nsib!e for the delay in 'd }ivei)! :oi such citizen . , ' related servic::s, eallinf,} upon him as "0. why the compe satory cost paid to the . . . .
citi~en may not be recovered from him.
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The 20vern ent servant against whom such notice is issued may", represent within a period of seven days from the date of receipt of such notice. In·case no. uch repr~.sen~2ti~;·.i~,r~ceive,d.by the co~petent officer .
within the' prescribed period ~r the explanation received, r any, is not found " satisfactory. the competent officer shall' be entitled to issue debit note directing sllch defaulting government servant either to deposit the cost as " stipulated in the debit note or di~ectil1g ts'1e accounts officer concerned to debit the salary of such government servant .for the amau t as mentioned in the debit note:
Prov;deG that if the competent officer finds reasonable and justified grounds in 'favour of such government servant and- co , es to the conclusion. .
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that the delay in th ,delivery of services to the citizen was not attributable to "..
him but was attributable to ~ome other government serv~nt, it shan be lawful for the competent ffieer to witttdraw tOe notice against him and issue fresh show cause notice to' such olher·government servant as found responsible for the delay,and shall follow the procedure mutatis-muta~disas stipulated in this I • I'" .,..' :' • " sUb-se~tion and ~·u ~~ction (1) of this section.
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(3) , ,While flXing the liability. ~nder this Act, .the competent officer shall follow / , .
the principle~ of natural justice cefore passing the orqer in that respect C!iAPTER-1Il ......~ , .:~ ",' . 'RIGHT-OF APPEAL AGAIi\~ST THE ORDE FIXING LIABILITY'" ~',.
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,. 11. Right of appeal.- (1) Any government sel:Vant aggrieved by the order , t ! ' pa'ssed by the comp~tentofficer in acco~dance with sections 9 and 10 shall be, :,' , .:
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entitled to ~'iie an appeal to the Appell~te Auth!'rity against such order within a.
period not exceeding thirty days of the receipt of the impugned order. The order of the Appenate AuthoritY shell be final and binding:
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(2) For the purpose of' this section, 'the Gave lJlent or the local body ":
concerned., as e case may be, shall appoint,an officer to be the Appellate' Officer to hear and decide appeats against the order passed by the competent"'· officer~ The Appellate Offlc~rshall not be 'below the rank of Joint Secretary of ,the Government or its'equivalent rink in the case of a local body.
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" ' o , 9 r " CH.-4.PTER...IV MISCELLANEOUS "