Consideration of appeal
37. (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
rule 8 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 rule 9 or rule 10 or enhancing any penalty imposed
under the said rules, the appellate authority shall consider:- . .
(a) whether the procedure laid down in these rules 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 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 and pass orders.
(i) confirming, enhancing, reducing or setting aside the penalty;
or
(ii) 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:
(i) the Commission shall be consulted in all cases where such
consultation is necessary;
(ii) if the enhanced penalty which the appellate authority
proposed to impose is one of the penalties specified in
clauses (vi) to (x) of rule 9 and an inquiry under rule 20 has
not already been held in the case, the appellate authority
shall, subject to the provisions of rule 25, itself hold such
inquiry or direct that such inquiry be held in accordance with
the provisions of rule 20 and, thereafter, on consideration of
the proceedings of such inquiry, make such orders as it may
deem fit;
(iii) if the enhanced penalty which the appellate authority
proposes to impose is one of the penalties specified in
clauses (vi) to (x) of rule 9 and an inquiry under rule 20 has
already been held in the case, the appellate authority shall
make such orders as it may deem fit; after the appellant has
been given a reasonable opportunity of making a
representation [G.O.Ms.No. 480, G.A. (Ser.C) Dept., dt. 20-
12-2001]
(iv) subject to the provisions of rule 25, the appellate authority
shall.-
(a) where the enhanced penalty which the appellate authority
proposes to impose, is the one specified in clause (iv) of rule
9 and falls within the scope of the provisions contained in subrule
(2) of rule 22; and
(b) where an inquiry in the manner laid down in rule 20 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 rule 20 and thereafter, on
consideration of the proceedings of such inquiry, pass such
orders as it may deem fit; and
(v) no order imposing an enhanced penalty shall be made in any
other case unless the appellant has been given a reasonable
opportunity, as far as may be, in accordance with the
provisions of rule 22, of making a representation against such
enhanced penalty.
(3) In an appeal against any other order specified in rule 33 the
appellate authority shall consider all the circumstances of the case and
make such orders as it may deem just and equitable
37. (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
rule 8 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 rule 9 or rule 10 or enhancing any penalty imposed
under the said rules, the appellate authority shall consider:- . .
(a) whether the procedure laid down in these rules 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 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 and pass orders.
(i) confirming, enhancing, reducing or setting aside the penalty;
or
(ii) 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:
(i) the Commission shall be consulted in all cases where such
consultation is necessary;
(ii) if the enhanced penalty which the appellate authority
proposed to impose is one of the penalties specified in
clauses (vi) to (x) of rule 9 and an inquiry under rule 20 has
not already been held in the case, the appellate authority
shall, subject to the provisions of rule 25, itself hold such
inquiry or direct that such inquiry be held in accordance with
the provisions of rule 20 and, thereafter, on consideration of
the proceedings of such inquiry, make such orders as it may
deem fit;
(iii) if the enhanced penalty which the appellate authority
proposes to impose is one of the penalties specified in
clauses (vi) to (x) of rule 9 and an inquiry under rule 20 has
already been held in the case, the appellate authority shall
make such orders as it may deem fit; after the appellant has
been given a reasonable opportunity of making a
representation [G.O.Ms.No. 480, G.A. (Ser.C) Dept., dt. 20-
12-2001]
(iv) subject to the provisions of rule 25, the appellate authority
shall.-
(a) where the enhanced penalty which the appellate authority
proposes to impose, is the one specified in clause (iv) of rule
9 and falls within the scope of the provisions contained in subrule
(2) of rule 22; and
(b) where an inquiry in the manner laid down in rule 20 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 rule 20 and thereafter, on
consideration of the proceedings of such inquiry, pass such
orders as it may deem fit; and
(v) no order imposing an enhanced penalty shall be made in any
other case unless the appellant has been given a reasonable
opportunity, as far as may be, in accordance with the
provisions of rule 22, of making a representation against such
enhanced penalty.
(3) In an appeal against any other order specified in rule 33 the
appellate authority shall consider all the circumstances of the case and
make such orders as it may deem just and equitable