(1)The inquiry report alongwith supplementary report, if any, and the recommendation for imposition of penalty, if any, of the adjudicating officer shall be placed before the designatedmember, who shall forward it to any other member for his consideration and passing the order of imposition of penalty in accordance with sub-section (3) of section 30 of the Act preferably within twenty-one days of the receipt of such inquiry report and recommendation from the designated member.
(2) No order imposing the penalty shall be passed by the member, without giving an opportunity of hearing to the affected person alongwith a copy of the inquiry report. Where, the affected person fails to appear before the member, the order imposing penalty may be passed exparte.
(3) The member may pass an order imposing the penalty as he may deem fit having regard to the provisions of subsection (2) of section 30 of the Act:
Provided that the member may pass any other order confirming, varying or modifying the findings in the inquiry report or the recommendations made by the adjudicating officer or may recommend to the Authority fora fresh inquiry in the matter, for reasons to be recorded in such order:
Provided further that the member shall not review any facts or evidence, forming part of the inquiry report submitted by the adjudicating officer, except where the member finds that the adjudicating officer has failed to appreciate any relevant facts or evidence placed before him while formulating the inquiry report.