207. Knowledge Spectrum – Discipline – APPEAL, REVISION AND REVIEW
372. Is it necessary to consult CVC at the time of disposal of Appeal?
Para 19 of Chapter XVII of the CVC Manual (1991 Ed) provides as under:
19. Consultation with the Central Vigilance Commission - In such cases where the UPSC is not to be consulted the cases at appeal/revision stage should be referred to the Central Vigilance Commission where the appellate/revising authorities propose to modify or set aside the penalty imposed in a case in which the Central Vigilance Commission was earlier consulted. It will not be necessary to consult the Central Vigilance Commission in cases, where the appellate/revising authority decides not to set aside or modify a penalty imposed by a disciplinary authority. Moreover, so long as the appellate/revising authority while modifying the penalty imposed by the disciplinary authority on the advice of the CVC, still remains within the parameter of the major or minor penalty, earlier advised by the Commission, there is no need to consult the Commission again, as such a modification does not have the effect of departing from their advice. The Commission should also be informed of the final outcome of all appellate/revision/review proceedings, if as a result of such proceedings, the penalties imposed on the earlier advice of the Commission are set aside or modified.
The same procedure should apply for Revision and Review as well
373. What are the possible outcomes in the case of appeal against an order imposing penalty?
The appellate authority, on consideration of the appeal, shall either
(a) confirm, enhance, reduce, or set aside the penalty; or
(b) remit the case to the authority which imposed or enhanced the penalty or to
any other authority with such direction as it may deem fit in the circumstances of the case
374. What are the pre-requisites to be complied with before enhancing the penalty?
If it is proposed to impose a major penalty by way of enhancement, and an inquiry under rule 14 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 19, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of rule 14:
In other cases relating to enhancement of penalty, a reasonable opportunity shall be given to the appellant of making a representation against the proposed penalty
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