206. Knowledge Spectrum – Discipline – APPEAL, REVISION AND REVIEW
369. What is the role of the authority that has made the order appealed against?
Rule 26(3) provides as under:
The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay, and without waiting for any direction from the appellate authority.
370. What is the general approach prescribed for disposing of appeals?
Rule 27 (1) and (2) of the CCA Rules provides an elaborate procedure for disposing of appeals against orders of suspension and orders imposing any of the penalties specified in Rule 11 of the CCA Rules.
As regards appeal against orders of other kind, Rule 27(3) states that the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.
371. What are the factors to be considered in dealing with the appeal relating to orders made under CCA Rules?
As regards the appeal against the orders of suspension the appellate authority is required to consider "whether in the light of the provisions of rule 10 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly."
As regards the appeal against orders imposing any of the penalties specified in Rule 11 of the CCA Rules, the appellate authority shall consider the following three aspects:
(a) whether the procedure laid down in these rules have been complied with
and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;
(b) whether the findings of the disciplinary authority are warranted by the evidence on the record; and
(c) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe;
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