(1) Every person who is a member of any of the Services specified in rule 5 shall be entitled to appeal to the extent, and to the authorities, as hereinafter provided, and not otherwise, from an order passed by an authority;-
(a) imposing any of the penalties specified in rule 8;
3["Whether made by the Disciplinary Authority or by an Appellate or Reviewing authority".]
1. Inserted by Notification No. GAD 6 CAR 58, dated 1-7-1959.
2. Substituted by Notification No. GAD 28 SSR 69, dated 12-12-1973 KGD 24-1-1974.
3. Inserted by Notification No. GAD 28 SSR 69, dated 12-12-1973. KGD 24-1-1974.
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(b) discharging him, except on abolition of the post in accordance with the terms of his contract for a fixed or for an indefinite period, provided he has rendered under either form of contract continuous service for a period exceeding five years at the time when his services are terminated;
(c) reducing or withholding pension admissible to him under the rules governing pensions; or
(d) placing him under suspension under rule 10.
(2) A member of the State Civil Services, Group A and B may appeal-
(a) to the Appointing Authority against an order made by an authority subordinate to it.
(b) to the Governor against an order made by any other authority, imposing upon him any of the penalties specified in rule 8, or from an order referred to in clauses (a), (b), (c) and (d), of sub-rule (1).
(3) A member of a Service or holder of a post included in column 1 of Schedules II and III may appeal from orders passed in exercise of powers conferred by rule 9 to the authorities specified in column 5 of the said Schedules: *[and from orders passed by the appellate authority to the authority to which appellate authority is immediately subordinate.]
Provided that, in cases of posts not included in column 1 of Schedules II and III, the holder or holders of such posts may appeal from orders passed in exercise of the powers conferred by rule 9 to the authority immediately superior to the authority imposing the penalty;
* Inserted by Notification No. DPAR 11 SDE 83, dated 23-2-1984. KGD 15-3-1984.
39 £[Provided further that a Government servant belonging to the State Civil Services, Group D, may appeal from an order passed in exercise of the powers conferred by the proviso to clause (d) of subrule (2) of rule 9 to the authority immediately superior to the authority imposing the penalty.]
1*[ Provided further that a Government servant against whom an order imposing any of the penalties specified in clauses (i) to (iva) of rule 8 is passed by the Appointing Authority or by any other Disciplinary Authority empowered to impose any of the penalties under clauses (v) to (viii) may appeal to the same Authority to whom he is entitled to appeal against an order imposing on him any of the penalties (v) to
(viii)".]
2** [Provided also that a member of State Civil Services Group 'C' or Group 'D' may appeal to the Governor against any order passed by the Government imposing any of the penalties specified in rule 8.]
Note.- If any doubt arises as to who is the proper authority for the purposes of this rule, the matter shall be referred to the Government whose decision shall be final.
(4) A member of a State Civil Services Group C or State Civil Services Group D may appeal from an order referred to in clauses (b),
(c) and (d) of sub-rule (1) to the authority to whom he would have been entitled to appeal under these rules had the order been an order of dismissal.
3[(5) Notwithstanding anything contained in sub-rules (1) to (4),-
(a) where a person who made the order appealed against becomes by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall be to be authority to which such person is immediately subordinate;
1*. Added in Notification No. DPAR 2 SDE 85, dated 30-7-85.
2** Inserted in Notification No. DPAR 33 SDE 88, Dated 10-2-89.
3. Substituted by Notification No. GAD 28 SSR 69 dated 12-12-1973 KGD 24-1-1973.
£ Added by Notification No. GAD 28 OSR 59, dated 7-2-1962.
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(b) an appeal against an order in a common proceeding held under rule 13 shall lie to the authority to which the authority functioning as the Disciplinary Authority for the purpose of that proceeding is immediately subordinate.]
Explanation.- The expression "member of a State Civil Service" includes a person who has ceased to be a member of that Service.