(1) In the case of an appeal against an order of suspension, the Appellate Authority shall consider whether in the light of the provisions
1. Substituted by Notification No. GAD 29 SSR 76 dated 17-7-1976 (w.e.f. 29-7-76) GSR 211.
44 of rule 10 and having regard to the circumstances of the case the order of suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in rule 8, the Appellate Authority shall consider-
(a) Whether the procedure prescribed in these rules has been complied with, and, if not whether such non-compliance has resulted in violation of any provisions of the Constitution or in failure of justice;
(b) Whether the findings are justified; and
(c) Whether the penalty imposed is excessive, adequate or inadequate and after consultation with the Commission, if such consultation is necessary in the case, pass orders-
(i) setting aside, reducing, confirming or enhancing the penalty;
or
(ii) remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case:
Provided that-
(i) the appellate authority shall not impose any enhanced penalty unless such authority or the authority which made the order appealed against is competent to impose such penalty;
(ii) no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty; and
(iii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (viii) of rule 8 and an inquiry under rule 11 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 14 itself hold such inquiry or direct that such inquiry be held and thereafter on 45 consideration of the proceedings of such inquiry, pass such orders as it may deem fit.
(3) In the case of an appeal against any order specified in clauses (b) and (c) of rule 18 or rule 19, the appeallate authority shall consider all the circumstances of the case and pass such orders as it deems just and equitable.
PART VI - REVIEW 1["26. Review.- The State Government may at any time, either on its own motion or otherwise, after calling for records of the case, review any order passed under these rules when any new material or evidence, which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case has come, or has been brought to its notice; 2[or if in its opinion an order imposing any penalty cannot be given effect to or if an order imposing penalty is not legally valid".]
(a) confirm, modify or set aside the order;
(b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;
(c) remit the case to the authority which made the order or to any other authority directing such further action or inquiry as is considered proper in the circumstances of the case; or
(d) pass such other orders as it deems fit.
Provided that no order imposing or enhancing any penalty shall be made by the State Government unless the member of the Service concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in Clauses (v) to (viii) of Rule 8 or to enhance a minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an enquiry under Rule 11 has not already been held in the case, no such penalty shall be imposed
1. Substituted by Notification No. DPAR 8 SDE 93, dated 22-12-1995 (w.e.f.
26-12-1995)
2. Inserted by Notification No. DPAR 13 SDE 97, Dated 1-9-1998 (w.e.f. 26- 12-1995). (KGD 7-9-1998) 46 except after enquiring in the manner laid down in Rule 11 subject to the provisions of Rule 14, and except after consultation with the Commission".
Provided further that no application by a Government servant for reviewing an order in a disciplinary proceedings imposing any penalty other than those specified in Clauses (v) to (viii) of Rule 8 and in respect of which an appeal is provided shall lie.]