PART-VI
APPEALS

(20) Orders against which appeal lies :  

Subject to the provision of regulation 21. a Board employee including a person who has ceased to be in Board service may prefer any appeal as hereinafter provided against all or any of the following orders namely:-

  1. an order of suspension made or deemed to have been made under regulation 11.

  2. an order imposing any of the penalties specified in regulation 9 or regulation-l0 whether made by the disciplinary authority or by an appellate or revising authority.

  3. an order enhancing any penalty imposed under regulation 9 or regulation 10.

  4. all order which

  1. denies or varies to his disadvantage his pay, allowance, pensions or other conditions of service as regulated by regulation or by agreement or

  2. interprets to his disadvantage the provisions of any such regulation or agreement.

  1.  an order

  1. reverting him otherwise than as a penalty while officiating in a higher category to a lower category

  2. determining the subsistence and other allowances to be paid to him

  1. for the period of suspension or

  2. for the period during which he is deemed to be under suspension or

  3. for any portion thereof

  1. determining his pay and allowances;

  1. for the period of suspension or

  2. for the period of dismissal, removal or compulsory retirement from service or from the date of reduction to a lower category or time-scale or stage in a time-scale of pay from the date of reinstatement or restoration to his category.

  1. determining whether or not the period from the date of his suspension or from the date of his dismissal, removal or compulsory retirement or reduction to a lower category, time-scale of pay or stage in a time-scale of pay to the date of reinstatement or restoration to his category shall be treated as period spent on duty for any purpose.

(21) Orders against which no appeal lies: 

Not-withstanding anything contained in this part no appeal shall lie against:  

  1. any order of an interlocutory nature or of the nature of a step ­in-aid or the final disposal of a disciplinary proceeding other than an order of suspension.

  2. any  order passed by an inquiring authority in the course of an inquiry under regulation-I2.

(22) APPELLATE AUTHORITY

A Board employee including a person who has ceased to be in Board service may prefer an appeal against all or any of the orders specified in Regulation 20 to the authorities specified in Appendix.

(23) The Period of limitation for Appeals:  

No appeal preferred under these regulations shall be entertained unless such appeal is preferred within a period of three months from the date on which a copy of the order appealed against is delivered to the appellant.

(24) Form and Contents of Appeal  

  1. Every person preferring an appeal shall do so, separately and in his own name. It shall be presented to the authority to whom an appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against.  

  2. The appeal shall contain all material statements and arguments relied on by the appellant and shall be complete in itself and shall not contain any disrespectful or improper language.  

  3. On receipt of a copy of the appeal the authority which made the order appealed against shall forward the same with his comments thereon together with the relevant records to the appellate authority without any avoidable delay and without awaiting for any direction from the appellate authority.

(25)     CONSIDERATION OF APPEAL

  1. In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of regulation 11 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

  2. In the case of an appeal against an order imposing any of the penalties specified in regulation 9 or 10 or enhancing any penalty imposed under the said regulations, the appellate authority shall consider 

  1. whether the procedure laid down in these regulations has 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.

  2. whether the findings of the disciplinary authority are warranted by the evidence on the record; and 

  3. whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe and pass order.

  1. Confirming enhancing, reducing or setting aside the penalty, or 

  2. remitting 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.

Provided that  

  1. If the enhanced penalty which the appellate authority proposed to impose is one of the penalties specified in regulations 9(B) and an inquiry under regulation 12 has not already been held in the case, the appellate authority shall subject to the provisions of regulation 18, itself hold such inquiry or direct such inquiry be held in accordance with the provisions or regulation 12 and thereafter on considerations of the proceedings of such inquiry make such order as it may deem fit.

  2. If the enhanced penalty which the appellate authority proposed to impose is one of the penalties specified in regulation 9(B) and inquiry under regulation 12 has already been held in the case the appellate authority shall make such orders as it may deem fit.

  3. Subject to the provisions of regulation 18 the appellate authority shall, where an inquiry in the manner laid down in regulation-12 has not already been held in the case itself hold such inquiry or direct 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 orders as it may deem fit.

  4. No order imposing an enhanced penalty shall be made in any other case unless the appellant has a been given a reasonable opportunity, as far as may be in accordance with the provisions of regulation-13 of making a representation against such enhanced penalty.

  5. In an appeal against any orders specified in regulation-20 the appellate authority shall consider all the circumstances of the case and make such order as it may deem just and equitable.

(26) Implementation of order in Appeal:

The authority which made the order appealed against shall give effect to the orders passed by the appellate "authority.