Gist of CCS (CCA) Rules 1965 -11 Rules 22 to 28 Appeal, Revision, & Enhancement of punishment etc

Rule, Procedure and Protection of Rights of employees

Part VIII

71. Part VII Appeal contains with rule 22 to 28.

Rule 22 deal with order against which no appeal lies and rule 23. deals with orders against which appeal lies, Rule 24 deals with appellate Authority. Rule 25 deals with the period of limitation of appeals. The normal period of appeal is 45 days. Rule 26 deals with form and contents of appeal. The time limit for forwarding the appeal to the appellate authority by the punishing authority  is 45 days from the date of receipt of the appeal. Revision petitions and memorials to President should be forwarded within 60 days of their receipt. The appellate authority is expected to dispose of the appeals within a month. If not disposed of within a month, the next higher authority is expected to take remedial steps to have the pending appeals settled without further delay. These orders are in paper. In practice, appeals are not disposed of within 6 months by the Appellate authority.

72. The Appellate order should be a self contained, speaking and reasoned order. personal hearing, if requested by Appellant should be given by the appellate Authority before taking final decision on appeal. The defence Assistants should also be admitted with the Appellant at the time of personal hearing.

73. Rule 27(2) (c) (i) provides that appellate authority shall pass orders confirming, enhancing, reducing or setting aside the penalty. The Appellate Authority, cannot modify the findings. When the disciplinary Authority exonerated the charged official, the appellate authority cannot find the Govt. servant guilty of Charge. There is no power to modify a finding of fact under rule 27. Power of modification is one of the powers vested in the revisional authority. The powers of the appellate authority are not wide as that revisional authority under rule 29.

74. Rule 27(2) (c)(II) Provides that appellate authority can remit the case to the authority which imposed the penalty or to any authority with such direction as it may deem fit. What direction the Appellate authority can give can be order de novo enquiry? No. That a De Novo enquiry is not admissible under Rules is a settled position under law  as held by the constitution bench of the honorable Supreme Court in the case of K.R. DEB V. Collector of Central Excise (1971) 1 SLR 29). Rule 15 provides only, one inquiry. It may be in some cases happen that there has been no proper inquiry because some serious defect in the inquiry or some important witnesses or documents were not examined, the disciplinary authority may ask the inquiry officer to record further evidence, but there is no rule for completely setting aside the previsions inquiry and then ordering a DENOVO enquiry.

75. Rule 27 (2) (c) proviso (11) provides that the appellate authority is competent to enhance the penalty. If the enhanced penalty proposed by the appellate authority is a major one and if an inquiry under Rule 14 has not already been done the appellate authority shall direct that such enquiry be held. He cannot remit the case to the Disciplinary authority to hold the enquiry. He shall take up the proposal to enhance penalty after the appeal period but before, the end of 6 months time.