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Review of original orders passed by Government, in lieu of appeal

Review of original orders passed by Government, in lieu of appeal
 38. (a) Every member of State Service, or a member of a
Subordinate Service in whose case the Government have passed original
orders, shall not be entitled to appeal but shall be entitled to make
separately and in his own name, within a period of three months from the
date on which the order was communicated to him, a petition to the
Government for review of the order passed by them on any of the
following grounds, namely:- .
(i) that the order against which the petition for review is made
was not passed by the competent authority;
(ii) that a reasonable opportunity was not given to the petitioner
for defending himself;
(iii) that the punishment Is excessive or unjust;'
(iv) that the petitioner has made a discovery of new matter or
evidence which he proves to the satisfaction of the
Government, was not within his knowledge or could not be
adduced by him before the order imposing the penalty was
passed; and
(v) that there is an evident 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 record.
(b) any petition for review which does not satisfy any of the above
grounds shall be summarily rejected.
(c) The Government shall pass such order as they think proper in
respect of any petition for review that has been admitted
under this rule.