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Part- VII
REVISION AND  REVIEW

(27) Revision:  

1. Notwithstanding anything contained in these regulations any Authority superior to the appellate authority may at any time, either on its own motion or otherwise call for the records of any inquiry and revise any order made under these regulations and may :-

1. confirm, modify or set aside the order, or

2. confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed, or

3. remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case,

4. pass such other order as it may deem fit.

Provided further that the revising authority subject to the provisions in regulation-18 shall,  

1. Where an inquiry in the manner laid down in regulation-l2. has not already been held in the case, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of regulation-12 and thereafter on a consideration of the proceedings of such inquiry, pass such order as it may deem fit.

2. No proceeding for revision shall be commenced until after

1. the expiry of the period of limitation for an appeal, or
2. the disposal of the appeal. where any such appeal has been  preferred.  

3. An application for revision shall be dealt with the same manner as if it was an appeal under these regulations.

(28) REVIEW  

(1) Orders passed by Board :

(i) Every employee aggrieved by the order passed by the Board, as a disciplinary authority, may within a period of three months from the date on which the order was communicated to him, make a petition to the Board for review of the order passed by it on any of the following grounds:-

(a) that the order against which the petition for review is made was not passed by the competent authority;

(b) that a reasonable opportunity was not given to the petitioner for defending himself;

(c) that the punishment is excessive or unjust;

(d) that the petitioner has made a discovery of new matter or evidence which he proves to the satisfaction of the Board, was not within his knowledge or could be adduced by him before the order imposing the penalty was passed, and

(e) that there is an evidence error or omission in the order such as failure to apply the law of limitation or an error of procedure apparent on the face of the record.

(ii) Any petition for review which does not satisfy any of the grounds in Clause (i) above shall be summarily rejected.

(iii) The Board shall pass such order as it thinks proper in respect of any petition for review that has been admitted under this regulation.

(2) Other Orders :

The Board may, at any time, either on its motion or otherwise, review any order other than that referred to in sub-regulation-(i) above passed under these regulations when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to its notice.

Provided that no order imposing or enhancing any penalty shall be made by the Board unless the Board employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed or when it is proposed to impose any of the major penalties specified in regulation-9-B an inquiry shall be conducted, if not already held.