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APPEAL, REVIEW & REVISIONPURPOSE

• In each case not only justice must be done, but also it must be seen to have been done

• Punishment has to be weighed against the degree of misconduct alleged and has, in essence, to be corrective in purpose

• protective provisions against miscarriage of justice by possible capricious and whimsical orders

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OBJECTIVE OF THE SESSION

Disposal of Disciplinary cases by

•self-contained

•speaking

•reasoned order

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RULE 11 OF CCS (CCA) RULES, 1965 and ARTICLE 309 of the CONSTITUTION

MAJOR PENALTIES

• MINOR PENALTIES

UNDER RULE 11 OF CCS (CCA) RULES, 1965

Disciplinary procedure

Rule 14 for Major Penalties

Rule 16 for Minor Penalties

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Principles Of Natural Justice

judgments should be free from bias men should not be condemned

unheard decisions should not be reached

behind the back of the employee findings should always arrived by self-

contained, speaking and reasoned order

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Principles Of Natural Justice - in a disciplinary proceeding

charge-sheet in writing setting forth, in definite and distinct articles of the charges

Charged Officer (CO) must be given reasonable time to answer

Inquiry Officer (IO) should not have any bias against the CO

The principles regarding ‘burden of proof’ and ‘fair procedures’ should be borne in mind

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SAFEGUARDS AGAINST ARBITRARY ORDERS

APPEAL•REVISION

•REVIEW

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APPEALS

Orders against which no appeal lies - RULE 22

Any order made by the president.An order of interlocutory nature in a

disciplinary proceeding.Any order passed by io in the course

of inquiry.

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ORDERS AGAINST WHICH APPEAL LIES

RULE 23An order of suspensionAn order imposing penaltiesAn order enhancing any penalty.An order of reversion while

officiating in a higher postReducing or withholding pension.

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APPELLATE AUTHORITY

RULE 24 - A Government servant may prefer appeal against any orders

to the appointing authority where the order appealed against is made by an authority subordinate to it.

to the President.

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PERIOD OF LIMITATION

RULE 25

NO APPEAL LIES BEYOND 45 DAYS

APPELLATE AUTHORITY MAY ENTERTAIN APPEAL AFTER EXPIRY PERIOD IF SATISFIED.

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FORM AND CONTENT OF APPEAL

RULE 26 SEPARATELY AND IN HIS OWN

NAME TO THE AUTHORITY TO WHOM

APPEAL LIES SHALL NOT CONTAIN ANY

DISRESPECTFUL OR IMPROPER LANGUAGE

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RULE 27 - CONSIDERATION OF APPEAL

Appellate authority to ensure the laid down procedure have been complied with

Finding of the DA are warranted by the evidence on record

The penalty imposed is adequate, inadequate or severe

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CONSIDERATION OF APPEAL -(Contd.)

RULE 27

PASS ORDERS CONFIRM ENHANCE REDUCE SET-ASIDE THE PENALITY

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CONSIDERATION OF APPEAL -(Contd.)

No order imposing an enhance penalty can be made in any case unless Government servant has been given a

reasonable opportunity of making a representation against such enhanced penalty

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CONSIDERATION OF APPEAL -(Contd.)

If appellate authority proposes to impose one of the major penalties and no inquiry as laid down in the rules had been held already

• it should itself hold such an inquiry or direct such enquiry to be held and pass self-contained, speaking and reasonable orders

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DISPOSAL OF APPEAL

no time limit for disposal of appeal is laid down, but the appeal should be disposed off within a reasonable time

Consultation with UPSC necessary in case of all Group ‘A’ Officers before enhancing, setting aside or reducing the penalty already imposed

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RULE 28

IMPLEMENTATION OF

ORDER IN APPEALBy the authority whose order is subject

matter of appeal

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RULE 29 – REVISION- AUTHORITIES

• The president • The Comptroller and Auditor

General or

• any other empowered authority may at any time either on his own motion or otherwise call for records and revise any order made under these rules

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RULE 29 – REVISION- Powers of the revising authority

• confirm, modify or set aside the order; or

• confirm, reduce, enhance or set aside the penalty imposed by the order; or

• remit the case to the authority which made the order to make such further enquiry as it may consider proper; or

•pass such other orders as it may deem fit.

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GOI Instructions on Revision Self contained, speaking and reasoned order Issue over the signature of the prescribed

revising authority Original punishing authority is not competent

to revise or cancel its own order If an appellate order is set aside for

procedural defects, the punishment order will also simultaneously stand quashed

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REVIEW

RULE 29-A The president may, at any time, either

on his own motion or otherwise review any order passed under CCS (CCA) Rules 1965, when any new material or evidence which could not be produced earlier has come or has been brought to his notice.