(1) Any person aggrieved by the decision of Grievance Redressal Officer may file appeal with Designated Authority as per sub-section (2) of section 10 of the Act within thirty days from the date of receipt of the copy of the order of Grievance Redressal Officer in format as nearly as possible as prescribed in Form D.
(2) Every complaint forwarded under sub-section (1) of section 9 shall be deemed to have been filed as appeal.
(3) Receipt of such appeal shall be acknowledged as per Form E within three working lays.
(4) Every Appeal shall be disposed of within forty-five days from the date of deemed appeal or from the date of filing appeal by applicant.
(5) All Appeals shall be disposed off in the following manner :
(i) The hearing date shall be communicated to complainant, Grievance Redressal Officer concerned and Designated Officer at least seven days in advance.
(ii) The complainant, Designated Officer and Grievance Redressal Officer may make himself present during the hearing.
(iii) Tf any party remains absent on the date gf hearing even after the hearing being duly informed to him, then the application may be decided ex-parte.
(iv) The Designated Authority shall arrange to deliver the copies of the decision to the parties concerned within fifteen days from the date of the order.
(v) The Designated Authority shall hear the concerned officer before imposing penalty under sub-section (1) of section 23 of the Act. -
(vi) The Designated Authority shall inform in writing to the Appropriate Authority within fifteen days of hearing if any action under sub-section (7) of section-10 is to be found to be taken.
(vii) The Designated Authority shall inform in writing to the concemed Public ‘Authority within fifteen days of hearing to take specific action as may be necessary to render the services in compliance of the notification issued under section 4 of the Act.
State Appellate Authority.-(1)There shall be one or more State Appellate Authority and There shall be maximum three members in each State Appellate ‘Authority appointed by the State Government.
(2) The salary and allowances of State Appellate Authority shall be equivalent to the post he held before he has been appointed or he held the last post in the State Government.
(3) The member of the State Appellate Authority shall be removed on the ground of proved misbehavior or incapacity after the proper inquiry by the State Government.
(4) The State Government may suspend the member of the Appellate Authority if deem necessary, prohibit also from attending the office during inquiry. The inquiry shall be conducted by the State Government. In case of misbehavior or incapacity of a member, the State Government may appoint a Board of Inquiry consisting of Senior All India Service Officer or Officers to investigate the allegation. On the basis of the report of the Board of Inquiry, the State Government may take appropriate action against the member who is alleged.
’ Second Appeal before State Appellate Authority: -(1) Any person who does not receive the decision of Designated Authority within forty-five days from the date of appeal or aggrieved by the decision of Designated Authority may file second appeal with State Appellate Authority within thirty days from expiry of such period or from the date of receipt of the copy of the order of Designated Authority, as the case may be, in a format as nearly as possible as prescribed in Form D.
(2) Receipt of such second appeal shall be acknowledged as per Form E within three working days.
(3) All Appeals should be disposed off in the following manner :-
(i) The hearing date shall be communicated to complainant, Grievance Redressal Officer concerned, Designated Authority concerned and Designated Officer at least seven days in advance.
EEE
PART-IV-B] GUJARAT GOVERNMENT GAZETTE EX,. 26-2-2014 83-5
(ii) The complainant concerned , Designated Officer, Grievance Redressal Officer and Designated Authority may make himself present during the hearing.
(iii) If any party remains absent on the date of hearing even after the hearing being duly informed to him, then the application may be decided ex-parte.
(iv) The Appellate Authority shall arrange to deliver the copies of the decision to the parties concerned within fifteen days from the date of the order.
(v) The Appellate Authority shall hear the concerned officer before imposing penalty under sub-section (1) of section 23 of the Act.
(vi) The Appellate Authority shall inform in writing to the Appropriate Authority within fifteen days of hearing if any action under sub-section (7) of section 10 is to be found to be taken. :
(vii) The Appellate Authority shall inform in writing to the concerned public Authority within fifteen days of hearing to take specific action as may be necessary to render the services in compliance of the notification issued under section 4 of the Act.