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29. KNOWLEDGE SPECTRUM - DISCIPLINE -

 29. KNOWLEDGE SPECTRUM - DISCIPLINE -

31. There is no provision for appeal or other departmental remedy when action under Rule-19 (iii) is taken by the President or the Governor. However, where the inquiry has been dispensed with by the President or the Governor, and the order of penalty has been passed by a subordinate authority, the GS can appeal. In the appeal the GS can ask for an inquiry to be held into his alleged misconduct.

32. Ordinarily, the satisfaction reached by the President or the Governor would not be a matter of judicial review. However, if there are grounds of mala-fide, the matter will become subject of judicial review.

33. A conviction under Section-39(e) of the Army Act, 1950, should be treated as conviction on a criminal charge for the purpose of action under Rule-19(i) of the CCS (CCA) Rules, 1965.




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