(1) in the case of an appeal against an order imposing any penalty specified in regulation 5, the appellate authority shall consider.
(a) Whether the facts on which the order was based have been established
(b) Whether the fats established afford sufficient ground for taking actions;
and
(c) Whether the penalty is excessive, adequate or inadequate and pass orders-
(i) Confirming, enhancing, reducing, or setting aside the penalty; or
(ii) Remitting the case to the authority which imposed the penalty or to any other authority with such directions as it may deem fit in the circumstances of the case;
Provided thati) If the enhanced penalty which the appellate authority proposed to impose is one of the penalties specified in clauses (iv), (v) (c), (vi), (vii) and (viii) of regulation 5 and an inquiry under clause (b) of regulation 9 has not already been held in the case, the appellate authority shall itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of clause (b) of regulation 9 and 16 thereafter, on a consideration of the proceedings of such inquiry make such orders as it may deem fit.
ii) If the enhanced penalty which the appellate authority proposes to impose anyone of the penalties specified in clauses (iv), (v) (c) (vi), (vii) of regulation 5 and an enquiry under clause (b) of regulation 9 has already been held in the case, the appellate authority shall make such orders as it may deem fit; and iii) No order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be in accordance with the provision of clause (b) of regulation 9 of making representation against such enhanced penalty.
2) Any error or defect in the procedure followed in imposing a penalty may be disregarded by the appellate authority if such authority considers, for reasons to be recorded, that error or defect was not material and has neither caused injustice to the person concerned nor affected the decision of the case.
(3) (A) Not withstanding anything contained in these regulations.
i) the Board or, ii) the head of the department referred to in the service regulations in the case of employees serving under the control of such head of a department or iii) the appellate authority, within six months, of the date of the order proposed to be reviewed or iv) any other authority specified in this behalf by the Board by a general or special order, and within such time as may be prescribed in such general or special order may at any time, either on its own motion or otherwise call for the records of any inquiry and review any order made under these regulations, and may-
(a) confirm, modify or set aside the order, or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed ; or
(c) remit the case to the authority which made the order to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case: or
(d) pass such orders as it may deem fit
Provided that no order imposing or enhancing any penalty shall be made by a reviewing authority unless the employee concerned has been given a reasonable opportunity of making representation against the penalty proposed and where it is proposed to impose any of the penalties specified in clause (iv) , (v) , (c), 17
(vi),(vii) and (viii) of regulation 5 or to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in those clause, no such penalty shall be imposed except after an inquiry in the manner laid down in clauses (b) of regulation 9.
Provided further that no power of review shall be exercised by the Head of the Department specified in the Tamilnadu Water Supply and Drainage Board Service Regulations, unless-
(i) the authority which made the order in appeal or
(ii) the authority which made the order in appeal or referred, is subordinate to him (B) No proceeding for review shall be commenced until after-
(i) the expiry of the period of limitation for an appeal or
(ii) the disposal of the appeal, where any such appeal has been preferred (C) An application for review shall be dealt with in the same manner as if it were an appeal under these regulation (B.P. Rt. No.359, dated 30.6.82)