The authority which made the ovder appealed against shall, on receipt of a copy of the appeal, without any aveidable delay, and without walting for any direction from the appellar.e authority, transmit to the appellate authority, every order together with tts comments thereon and the relevant records.
21. Consideration of appeal~ (1) Tn the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provision of regulation 4 of these regulations and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order, accordingly, 44 (2] In the case of an appeal against an order imposing any of the penaltics specified in regulation 5 of these regulations ar enhancing any penalty imposed under that regulation. the appellate authority shall consider,- (#) whether the procedure laid down in these regulations has been followed, and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of ustice;
(b] Whether the findmgfi of the dmup]mar)' authority are warranted by the evidence on the record;
anid
(e) Whether the penalty or the enhanced penalty imposed 15 adequate, inadequate or severe; and pass orders, = (i} Confirming, enhancing, reducing or setting aside the penalty; or
(i) Remitting the case to the authority which had passed the orderappealed against, with such directions as it may deem it in the circumstances of the case :
Provided that,- (i} the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the prder appealed against is competent in the caseto impose;
(i1) if the enhanced penalty which the appellate authority proposes to impose 1s one of the major penalties and an inquiry under regulation 8 has not already been held in the case, the appellate authority shall, subject to the provisions of regulation 13, itself hold such inquiry or direct that such inquiry be held in aceordance with the provisions of regulation 8 and thereafter, on a consideration of the proceedings of such inguiry, make such orders as it may deem fit; and
(iii) if the enhanced penalty which the appellate authority proposes to impose is one of the majar penalties and an inquiry under regulation & of these regulations has already been held in the case the appellate authority shall make such orders as ic nu ~deem fit, O (#) In an appeal against any other order specified in regulation 15 of these regulations, the appellate authority shall consider all the circumstances of the case and make ~ “such orders as it may deem just and equitable.
22 Implementation of orders in appeal.- The authority which made the order appealed against. shall give effect to the orders passed by the appellate authority
PART — VI REVISION AND REVIEW 23, Revision- (1) Notwithstanding anything contained in these wg\fl;nw the Comonitter or any authority subordinate to it w which an appedl against an order imposing any of the penalties specified in regulation 5 of these regulations lies may, at any time, either on his or its own motion or otherwise call for the records of any enquiry and revise any order made under these regulations from which an appeal lies but against which no appeal has been preferved or orders against which na appeal has been preferred or orders against which no appeal lic s, and may- (&) coufirm, modify or set aside the order; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose -uny penalty where no penalty has been imposed ; or {c) remis the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstanees of the case; or (4} pass such other orders as 1t may deem fir,
Provided that, no order imposing or enhancing any penalty shall be made by any revising authority, unless the Trust servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed, and wheve it is proposed to impose any of the major penalties or ta enhance the penalty imposed by the order sought to he revised to any of the major penaltics, no such penalty shall be imposed except after an 46 inguiry in the manner laid down in regulation & of these regulations:
Provided further that, no piwer of revision shall be exercised by the suthority to which an appeal against an order imposing any of the penalties specified in regulation 5 of these regulations, lies unless,-
(1) the authority which made the order in appeal, or
(ii) the autherity to which an appeal would lie, where no appeal has been preferred is subordinate to it.
{2} No proceeding for revision shall be commenced until after,-
(i) the expiry of the period of limitation for an appeal, (ii} the disposal of the appeal, where any such appeal has been preferred.
(8] An application for vevision shall be dealt with in the same manner as if it were an appeal under these regulations, except that the period of limitation for its consideration shall be six months commencing from the date on which a copy of the order under réfi;jon is delivered to the applicant.
24 Review.- The Cominittee may, at any time, either on its own motion or otherwise, review any order passed under these regulations, when any new material or evidence which could not be produced o 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:
Provided that, mo order imposing or enhancing any penalty shall be made by the Committee unless the Trust servant 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 penaltics specified in regulation 5 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an inquiry under regulation & has not already been held in the case, no such penalty shall be imposed except after an inguiry in the manner laid down in regulation 8, subject to the provision of regulation14.
47
PART —VII MISCELLANEOUS
25. Service of orders, notices, ete-Every order, notice and other process made or issued under these regulations shall be served in person on the Trust servant concernmed or communicated to him by registered post failing to which it may be served at his last known address, 24, Power to relax time limit and to condone delay - Save as atherwise expresaly provided in these regulations, the authority competent under these regulations tw make any order may, for gool and sufficient reasons or if sufficient cause is shown, extend the time specified in these vegulations for anything required to be done undqrfi:&@ regulations or condone any delay.
27 Savings.- (1) Nothing in these regulations shall be construed as depriving any person o whom these regulations _ apply of any right of appeal, which had accrued to him under the regulations, notifications or orders in foree before the commencement of these regulations.
(2} Anappeal pending at the commencement of these regulations agamst an owler made before such eommencement shall be considered and orders thereon shall be made, in accordance with these regulations, as if such orders were made under these regulations.
{8) As from the commencement of these regulations any appeal or application for review against any orders made before such commencement shall be preferred or made under these reglations, as it such orders were made under these regulations:
Provided that, nothing in these vegulations shall be construed as reducing any period of limization for any appeal or veview provided by any vegulation in force before the commencement of these regulations.
28, Removal of doubt.- Where & doubt arises as to whether any authority is subordinate to, or higher than, any other authority or as to the interpretation of any of the provisions of these regulations, the matter shall be referred to the Committee whose decision therean shall be final.
(Executive Officer) Shree Siddhivinayak Ganpati Temple Trust Mansgement Committee 48