Section 10: Order which may be passed by the appellate authority

(1) In the case of appeal against an order under regulation 9 or any penalty specified in regulation 4, the appellate authority shall consider whether the─

(a) facts on which the order was based have been established;

(b) facts established afford sufficient ground for taking action; and

(c) penalty is excessive or adequate and after such consideration, shall pass such order as it thinks proper:

Provided that no penalty shall be increased unless opportunity is given to the person concerned to show cause why such penalty may not be increased.

(2) An authority, against whose order an appeal is preferred, shall give effect to any order passed by the appellate authority.