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Section 23: Withholding of appeals

Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.State Rules of Karnataka · 1990

(1) The authority which made the order appealed against may withhold the appeal, if-

(i) it is an appeal against an order from which no appeal lies;

or

(ii) it does not comply with any of the provisions of rule 21; or

(iii) it is not submitted within the period specified in rule 20 and no reasonable cause is shown for the delay; or

(iv) it is a repetition of an appeal already decided and is made to the same appellate authority by which such appeal has been decided and no new facts or circumstances are adduced which afford grounds for a reconsideration of the case; or 43

(v) it is addressed to an authority to which no appeal lies under these rules; or

(vi) it contains material or documents which are treated as confidential and which the appellant could have come to know only as a result of the breach 1[of Rule 12 of the Karnataka Civil Services (Conduct) Rules, 1966];

Provided that in every case in which an appeal is withheld, the appellant shall be informed of the fact and the reasons for it:

Provided further that an appeal withheld under clause (ii), (v) and (vi) may be re-submitted at any time within one month from the date on which the appellant has been informed of the withholding of the appeal, and if re-submitted in a form which is in accordance with the said provisions, shall not be withheld.

(2) When an appeal is withheld under this rule, a copy or order withholding the appeal shall be submitted to the authority to whom the appeal is addressed.

(3) No appeal shall lie against the withholding of an appeal by a competent authority.

Where this provision sits

ActKarnataka Civil Services (Classification, Control and Appeal) Rules, 1957.
Section23
Marginal noteWithholding of appeals
JurisdictionState of Karnataka
StatusIn force as published by the source

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