(1) Where it is noticed by the Commissioner, the Deputy Commissioner or the Assistant Commissioner having jurisdiction that any office holder or servant attached to an institution or endowment has not been dealt with suitably by the trustee or the Executive Officer as the case may be under section 37 for any of the lapses specified in sub-section (1) thereof, the Commissioner, the Deputy Commissioner or the Assistant Commissioner as the case may be, may direct the trustee or the Executive Officer to take action under section 37, failing which the Commissioner, the Deputy Commissioner or the Assistant Commissioner as the case may be, may after following the prescribed procedure, impose by an order in writing any of the penalties specified in sub-section (1) of that section on such office-holder or servant.
(2) Any office holder or servant aggrieved by an order passed under sub-section (1) may within sixty days from the date of receipt of (he order by him, prefer an appeal if such order is passed by—
(a) the Commissioner, to the Government;
(b) the Deputy Commissioner, to the Commissioner;
and
(c) the Assistant Commissioner to the Deputy Commissioner;
and any order passed in such appeal shall be final.