203. Knowledge Spectrum – Discipline – APPEAL, REVISION AND REVIEW
360. What departmental remedies are available to the employee aggrieved by an order adversely affecting the career?
An employee aggrieved by an order adversely affecting the career has departmental remedies in the form of Appeal, Revision and Review.
As is well known, administrative orders are subject to judicial scrutiny as well. But generally, Courts and Tribunals will entertain the Writ or Application only if the employee satisfies the judicial forum that remedies available within the administrative machinery have been availed or could not be availed for valid reason.
361. What is the inter-se relationship between the above stated three departmental remedies?
Relative position of the three remedies may be briefly stated as under:
FACTOR APPEAL
REVISION
REVIEW
By Whom
How
When
Appellate
Includes Appellate President Authority
Authy On Appeal By On Own Motion Or On Own Motion Or The Individual Other Wise
Other Wise
Within 45 Days - Any Time After Time Any Time Authority May For Appeal Is Over Or Condone
After Disposal Appeal Not Appealable Or No New Material Appeal Made Of
Condition
Detailed discussion of these three remedies is available in respective questions hereunder.
362. Is the right of Appeal available against all orders with which the employee feels aggrieved?
No. Rule 22 and 23 of the CCA Rules provide what are the orders against which appeal lies and otherwise. The same is as under:
(a) As per Rule 22, no appeal lies against the following orders:
(a) any order made by the President;
(b) any order of an interlocutory nature or of the nature of a step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension;
(c) any order passed by an inquiring authority in the course of an inquiry under Rule 14.
(b) Rule 23 of CCA Rules provides that subject to Rule 22, the following orders are appealable:
an order of suspension made or deemed to have been made under rule 10;
an order imposing any of the penalties specified in rule 11, whether made by the disciplinary authority or by any appellate or revising authority;
an order enhancing any penalty, imposed under rule 11;
an order which
(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement; or
(b) interprets to his disadvantage the provisions of any such rule or agreement;
an order
(a) stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post, to a lower service, grade or post, otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules;
(d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;
(e) determining his pay and allowances
(i) for the period of suspension, or
(ii) for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, time-scale or stage in a time-scale of pay, to the date of his reinstatement or restoration to his service, grade or post; or
determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time-scale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose.
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