Rule, Procedure and Protection of Rights of employees
76. Part VIII Revision and Review Rule 29 (I) (VI) provides that the revisonal authority may revise any order under CCS (CCA) Rules, 1965. Rule 29 is a remedial provision. It should therefore be liberally construed. On the face of it, it had a wide amplitude as it attracts. “any order” be it original or appellate. Any construction resulting in the emasculation of its scope should be eschewed. Rule 29 clearly provides that any order which is not appealable is revisionable. It also makes appellate order revisable provided no appeal has been preferred from such orders. Thus all orders are revisable.
77. Under the reasonable powers, the revisonal authority may enhance the penalty. The revisional authority has to revoke the existing penalty order. Then only he can direct further Rule 14 enquiry if necessary. Otherwise, principle of double jeopardy would be attracted.
78, Revision powers are vested with the President under Rule 29 (1) under the revisional powers, revisional authority cannot revise its own order. The President can not revise his own order. When there is necessity to reconsider his own order the President has to exercise his review powers under Rule 29. Only the President is vested with review powers. The President can review any order passed under CCS (CCA) Rules.
Now the revisional powers have been vested with the heads of departments.
Part IX Miscellaneous
Rule 30 to 35 needs no review
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