204. Knowledge Spectrum – Discipline – APPEAL, REVISION AND REVIEW
363. Who is the appellate authority?
Appellate authority in various cases has been mentioned in the Schedule to the CCA Rules. Besides, the same may be specified by a general or special order of the President.
In respect of cases not covered by the above, appellate authority has been prescribed under Rule 24 of the CCA Rules as under: where such Government servant is or was a member of a Central Service, Group ‘A’ or Group 'B' or holder of a Central Civil Post, Group 'A 'or Group 'B'
(a) to the appointing authority, where the order appealed against is made by an authority subordinate to it; or
(b) to the President where such order is made by any other authority;
where such Government servant is or was a member of a Central Civil Service, Group 'C' or Group 'D', or holder of a Central Civil Post, Group 'C' or Group 'D', to the authority to which the authority making the order appealed against is immediately subordinate
However, the above provision does not apply to appeals against an order passed in Common proceedings.
364. Who is the appellate authority in respect of orders passed in the Common proceedings?
In respect of an order in a common proceeding held under Rule 18 appeal shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate:
However, if the President is the appellate authority in respect of a Government servant in terms of the general provisions mentioned above, the appeal shall lie to the President.
365. What happens if the authority that made the order appealed against is holding the position of the appellate authority - may be, due to subsequent promotion?
In such an eventuality, the appeal shall lie to the authority to which such person is immediately subordinate.
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