THE KERALA POLICE DEPARTMENTAL INQUIRIES, PUNISHMENT AND APPEAL RULES, 1958

[1][THE KERALA POLICE DEPARTMENTAL INQUIRIES, PUNISHMENT AND APPEAL RULES, 1958

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and of all other powers hereunto enabling, the Governor of Kerala hereby makes the following rules regulating inquiries, punishment and appeals of the Police Services, namely:-

PART I GENERAL

Rule - 1. Title and Commencement.

(a)      These rules may be called the "Kerala Police Departmental Inquiries, Punishment and Appeal Rules, 1958".

(b)      They shall come into force at once.

Rule - 2. Extent.

They shall apply to the Kerala Police Service and the Kerala Police Subordinate Service and to the holders (other than those employed only occasionally or subject to discharge at less than one month's notice) of all posts, whether temporary, or permanent, in such service appointed thereto before, on or after the date specified in sub-rule (b) of rule 1 except to the extent otherwise expressly provided:

(i)       by or under any law for the time being in force, or

(ii)      in respect of any member of the service by a contract or agreement subsisting between such member and the Government.

Rule - 3. Definitions.

(a)      "Commission" means the Kerala Public Service Commission.

(b)      "Government" means the Government of the State of Kerala.

(c)      "Member of the Service" means a member of the Kerala Police Service or the Kerala Police Subordinate Service, as the case may be.

Explanation. A member of the service, whose services are placed at the disposal of any Company, Corporation, Organization or any Local Authority by the Government, for the purposes of these rules, shall be deemed to be a member of the service, notwithstanding, that his salary is drawn from sources other than the consolidated fund of the State.

Rule - 4. Exemption from operation.

Notwithstanding the provisions of rule 2, the Governor of Kerala may, by Notification published in the Kerala Gazette, exclude, wholly or in part, from the operation of these rules, the holder of any post or the holders of any class of posts to whom the Governor of Kerala shall declare that the rules cannot suitably be applied, and these rules shall thereupon to the extent of such exclusion, cease to apply accordingly.

Rule - 5. Government's decision final in case of doubt as to application.

If any doubt arises as to whether these rules apply to any person, the matter shall be referred to the Government whose decision shall be final.

PART II INQUIRES

Rule - 6. Procedure for Inquiry.

(1)     Whenever on a complaint or otherwise, it is found necessary to inquire into the conduct of a member of the service the departmental superior under whom such member is employed [2][or any other officer appointed by the Government for the purpose] shall make a preliminary inquiry and determine whether there are grounds for further action:

[3][Provided that no such preliminary inquiry shall be necessary if prima facie grounds for action against the member of the service have already been established to the satisfaction of the departmental superior, or any authority to whom such superior is subordinate.]

(2)     [4][If prima facie grounds for departmental action are established in a preliminary inquiry as prescribed in sub-rule (1) or under the proviso thereto, such grounds shall be reduced to the form of a definite charge or charges, which shall be communicated to the member of the service charged, together with a statement of the allegations on which such charge is based, and of any other circumstances which it is proposed to take into consideration in passing orders in the matter.

(3)     The member of the service shall be required, within such time as may be considered by the inquiry officer reasonably adequate in the circumstances of the case, to put in a written statement of his defense and to state whether he desires to have an oral inquiry to be held or to be heard in person.

(4)     The member of the service concerned may on his request be granted access to official records pertaining to the case for the purpose of preparing his written statement:

Provided that the inquiry officer may, for reasons to be recorded in writing, refuse him such access if in his opinion such records are not strictly relevant to the case or it is not desirable in the public interest to allow such access.

(5)     If the member of the service desires to be heard in person, he shall be so heard or if he so desires or the inquiry officer deems it necessary or any higher authority so directs an oral inquiry shall be held by the inquiry officer. At such inquiry evidence shall be heard as to such of the allegations as are not admitted and the member of the service charged shall be entitled to cross examine the witnesses, to give evidence in person and to have such witnesses called as he may wish:

Provided that the inquiry officer may, for reasons to be recorded in writing refuse to call a witness.

(6)     If the inquiry officer finds that the charge or charges framed under sub-rule (2) of this rule require, to be altered, or modified as a result of subsequent proceedings, fresh charge or charges shall be framed and communicated to the member of the service charged as provided in the said sub-rule.

(7)     When the examination of the witnesses in support of the allegation is completed the member of the service charged shall be given a personal hearing in accordance with the procedure which may be prescribed in Police Standing Orders.

(8)     No person who is called upon to defend himself against the charges which form the subject matter of the inquiry against him shall be allowed to engage a counsel:

Provided that if a counsel in engaged on behalf of any Department of Government, the person against whom the charges are being inquired into shall be entitled to engage a counsel.

(9)     The proceedings conducted against a member of the service under the provisions of this rule shall contain a sufficient record of the evidence and a report setting out the findings and the grounds on which they are based. The proceedings shall be submitted by the inquiry officer to the higher authority concerned in all cases where the inquiry was ordered by a higher authority, or where the inquiry officer is not competent to impose the penalty under these rules. [5][xxxx]

(10)   Notwithstanding anything contained in this rule:-

(a)      it shall be lawful for the authority competent to impose the penalty to waive, for good and sufficient reasons to be recorded in writing, any of the provisions of this rule in any exceptional case where such authority is satisfied that there is difficulty in strictly complying with such provisions and such provisions can be waived without any injustice to the member of the service concerned,

(b)      the provisions of this rule shall not apply in relation to:-

(i)       the imposition on any member of the service of any of the penalties specified in clauses (a), (b), (c), (d), (e), (f), (g), (h), and (i) of sub-rule (1) of rule 15;

(ii)      where the penalty is imposed on the ground of conduct which has led to his conviction on a criminal charge;

(iii)     where the Governor is satisfied that in the interest of the security of the State it is not expedient to follow the provisions of this rule.

(11)   The authority competent to dispose of the proceedings shall, on an examination of such proceedings, record his findings on the several charges inquired into and record a further finding in cases where no charges have been made out whether the member of the service is free from blame.

Rule - 7. Suspension.

(1)     The appointing authority or any authority to which it is subordinate or any other authority empowered by the Government in this behalf, may place a member of a service under suspension, where-

(a)      an inquiry into his conduct is contemplated, or is pending, or

(b)      a complaint against him of any criminal offence is under investigation or trial.

(2)     A member of a service who is detained in custody whether on a criminal charge or otherwise, for a period longer than forty eight hours shall be deemed to have been suspended by the appointing authority under this rule.

(3)     An order of suspension under sub-rule (1) may be revoked at any time by the authority making the order or by any authority to which it is subordinate.

Rule - 8. Authority to conduct oral inquiry.

(1)     An inquiry which is likely to result in the imposition of any of the penalties mentioned in clauses (j), (k), (l) or (m) of sub-rule (1) of rule 15 may be held by

(i)       the appointing authority, or

(ii)      the Head of Department or

(iii)     an officer of the Department appointed by the appointing Authority or Head of Department who has nothing to do with the subject matter of the inquiry or who is not connected otherwise with the Government servant whose conduct is in under inquiry, or

(iv)    a special Officer or Tribunal appointed by the Government for the purpose.

(2)     subject to the provisions of sub-rule (1) such inquiry against members of the service mentioned in Column 1 below shall be conducted by the class of officers noted in Column 2.

Note:- Officers mentioned in Columns 1 and 2 shall include Officers of corresponding ranks in Units like the Malabar Special Police, Special Armed Police Battalion, District Armed Reserves, [6][xxxx] etc., where different designations are also used.

(3)     If an officer conducting an oral inquiry is succeeded in Office by another officer before the inquiry has been completed and proceedings thereof have been drawn up in accordance with the provisions of rule 6, the latter officer shall continue and complete the proceedings:

Provided that-

(a)      the latter officer may, if he considers it necessary in the interest of justice, re-summon and examine afresh any of the witnesses previously examined. When a witness is so recalled he can be examined, cross- examined and re-examined as the inquiry officer may permit:

(b)      the authority superior to the inquiry officer may , if deemed necessary in the interest of convenience or for other reasons, direct the continuance and completion of the inquiry or other proceedings by the former officer himself.

Rule - 9. Prosecution not barred by departmental punishments.

No departmental punishment shall affect the liability of the member of the service concerned to a criminal prosecution.

Rule - 10. Departmental Inquiry regarding matters before a Court.

(a)      Final orders in a departmental inquiry, which is subjudice, shall be issued only after the matter has been disposed of in Court.

[7][xxxx]

Rule - 11. Departmental punishments on judicial pronouncements.

Departmental action based on adverse remarks passed by a Court on a member of the service shall be taken after sufficient opportunity is given to such member to defend himself against the charges. However, where the conduct of the member is related in such a manner with the matter under adjudication as to make any further departmental inquiry into it superfluous, the Departmental authority concerned shall refrain from any undue enlargement of the scope of the departmental inquiry.

Rule - 12. Summary Procedure in awarding penalties.

When any punishment specified in clauses (a), (b), (c), (d), (e), (f), (g), (h), and (i) of sub-rule (1) of Rule 15 is to be awarded the procedure shall be as follows:-

(a)      On receipt of the complaint or information of the allegation, the inquiry officer shall make such inquiry as he deems necessary and demand an explanation on the basis of the allegations found true.

(b)      On receipt of the explanation, and on making further inquires in the light of the explanation if necessary final orders shall be passed in the matter:

Provided that when any of the punishments mentioned in 3(clauses (d), (e), (f), (g), (h), and (i) of sub-rule (l)] of Rule 15 is to be imposed a Punishment Roll shall be prepared. For awarding the penalties mentioned in clauses (a), (b), & (c) of sub-rule (1) Rule 15, no written explanation or Punishment Ron shall be necessary, but proceedings shall be issued in the form of a written order recording the charge and the penalty awarded.

Rule - 13. Procedure against recalcitrant delinquent.

If a member of the service fails to appear for inquiry when called upon and the inquiry officer is satisfied for reasons to be recorded, that there are no valid grounds for such failures he may proceed with the inquiry ex-parte and send up his report of inquiry to the punishing Authority.

Rule - 14. Previous bad conduct.

If for determining the quantum of punishment to be awarded it is proposed to take into account any previous bad record of the member of the Service charged, a specific charge shall be framed, translated, if necessary, and delivered to him. A charge for previous bad record shall be framed only after the substantive charge (s) have been proved. The procedure prescribed in Rule 6 shall be followed in respect of such charge.

PART III PUNISHMENT

Rule - 15. Penalties.

(1)     The following penalties may, for good and sufficient reasons and as provided under these rules, be imposed upon members of the Service, namely:-

(a)      Petty punishments such as extra drill, extra guard, fatigue duty.

(b)      Confinement to barracks or camps.

(c)      Removal from office of distinction or special emoluments.

(d)      Reprimand.

(e)      Censure.

(f)       Black mark.

(g)      Withholding of increments or promotion including stoppage at an efficiency bar.

(h)     Recovery from pay of the whole or part of any pecuniary loss caused to the state Government or the Central Government or to a local authority by negligence or breach of orders, or recovery from pay to the extent necessary of the monetary value equivalent to the amount of increments ordered to be withheld, where such an order cannot be given effect to.

[8][Explanation:- In case of stoppage of increment with cumulative effect the monetary value equivalent to three times the amount of increments ordered to be withheld may be recovered.]

(i)       Reduction of pension.

(j)       Reduction to a lower rank in the seniority lists or to a lower post or time scale, whether in the same Service or in another Service or to a lower stage in a time scale.

[9][Note:- (1) The period of reduction shall not be less than six months and not more than five years. If the period is not specified in the order, the period of reduction shall be deemed to be six months:

Provided that in the case of reduction of rank in the seniority list such reduction shall be permanent.

(2) Reduction to a lower stage in the time scale can be with or without the effect of postponing future increments. If no mention is made in this regard in the order of reduction the reduction shall be deemed to be without the effect of postponing future increments.]

[10][(3) Reduction to a lower post shall be to the post immediately lower to the post held by the officer, but not to a post lower than the post to which he was initially appointed.]

[11][(4) Where the penalty of reduction to a lower stage in a time scale cannot be given effect to or becomes inoperative, the monetary value equivalent to the amount of reduction ordered shall be recovered from the pay of the officer and, in case the officer retires from service before the amount could be recovered, the same may be recovered from his pension or death-cum-retirement gratuity.]

(k)      Compulsory retirement.

(l)       Removal from the service of the state Government.

(m)    Dismissal from the service of the State Government.

Explanations. I. The discharge-

(a)      of a person appointed on probation before the expiry or at the end of the prescribed or extended period of probation, or

(b)      of a person engaged under contract, in accordance with the terms of his contract: or

(c)      of a person appointed otherwise than under contract to hold a temporary appointment on the expiration of the period of the appointment;

shall not amount to removal or dismissal within the meaning of this rule.

II. The removal of a person from the Civil Service of the State Govt. shall not disqualify him from future employment but the dismissal of a person from Civil Service of the State Government shall ordinarily disqualify him from future employment.

III. The retirement of a member of a Service on the completion of the age of superannuation or otherwise in accordance with the provisions of the service regulations for the time being in force shall not amount to compulsory retirement within the meaning of this rule.

(2)     The penalty specified in clause (h) of sub-rule (l) may be imposed in addition to any other penalty which may be inflicted in respect of the same negligence or breach of orders.

Rule - 16. Authorities to impose penalties and to receive appeals.

The members of the service on whom the penalties mentioned in rule 15 may be imposed, the lowest authorities competent to impose such penalties, and the appellate authorities empowered to receive appeals shall be as shown in the annexure appended to these rules:

Provided that-

(a)      where in any case a competent authority has imposed or declined to impose a penalty under these rules, a lower authority shall have no jurisdiction to proceed in respect of the same case;

(b)      the fact that a lower authority has imposed or declined to impose a penalty in any case shall not debar a higher authority from exercising his jurisdiction in respect of the same case;

(c)      the order of a higher authority imposing or declining to impose in any case a penalty shall supersede any order passed by a lower authority in respect of the same case.

Rule - 17. Procedure for imposing certain penalties.

(i)       (a) After the competent authority has examined the proceedings of inquiry and has recorded his finding under rule 6(11) he shall come to a conclusion regarding the penalty to be imposed, except in cases where no charges have been made out.

[12][(b) In all cases where it is proposed to impose any of the penalties mentioned in clauses (j), (k), (l) and (m) of sub-rule (1) of rule 15, the authority competent to impose the penalty shall call upon the member of the service to show cause within a reasonable time, not exceeding one month, against the particular penalty proposed to be inflicted. The member of the service shall also be served with a copy of the report of inquiry together with the findings thereon. The representation, if any, submitted by the member of the service shall be taken into consideration before the final order imposing the penalty is passed by the competent authority. Where the competent authority is the Government and it thinks, on a consideration of such representation of the member of the service that any of the penalties mentioned above should be imposed, it shall consult the Commission except in cases where such consultation is not necessary under the Kerala Public Service Commission (Consultation) Regulations, 1957. While consulting the Commission, Government shall forward the following records:

(i)       Enquiry records together with the findings.

(ii)      Notice issued to the Government servant together with his representation, if any.]

Explanation:- An opportunity to show-cause against the imposition of any of these penalties referred to in this sub-rule shall be given, after the authority competent to impose the penalty arrives at a provisional conclusion in regard to the penalties to be imposed, either by such authority himself or under his direction, by a subordinate authority who is superior in rank to the Officer on whom it is proposed to impose the penalty.

[13][(c) Notwithstanding anything in these rules where a member of a service is involved in more than one delinquency in respect of which separate enquires are conducted under rule 6 or separate proceedings are taken under rule 12, if the disciplinary authority having regard to his findings; on each of the charges or allegations, as the case may be, is of opinion that a single penalty not being a penalty specified in clauses (j) to (m) of sub-rule (1) of rule 15 should be imposed jointly in respect of such enquires or proceedings, he may, instead of thereafter proceeding with such enquires or proceeding separately take appropriate action jointly.]

(ii)      The requirement of sub-rule (b) shall not apply where it is proposed to impose on a member of the service any penalty on the basis of facts which have led to the conviction in a criminal court or by a Court Marshal or where member of the service concerned has absconded or where it is for other reasons not reasonably practicable to communicate with him.

(iii)     The provisions of sub-rule (b) shall not apply where the Governor is satisfied that in the interest of the security of the State it is not expedient to follow the procedure prescribed in that sub-rule.

(iv)    If any question arises whether it is reasonably practicable to follow the procedure prescribed in sub-rule (b), the decision thereon of the authority empowered to dismiss or remove such person or reduce him in rank, as the case may be, shall be final.

(v)      The pay and allowance of a person who is dismissed or removed from service shall cease from the date of such dismissal or removal, but a person kept under suspension under rule 7 shall be granted such subsistence and other allowances as may be admissible under the Service Regulations.

(vi)    The departmental inquiry referred to in rule 6 above shall be conducted as expeditiously as the circumstances of the case may permit, particularly one against an officer under suspension.

Rule - 18. Jurisdiction.

(a)      Where, on promotion or transfer, a member of a service in a class, category or grade is holding an appointment in another class, category or grade thereof or in another service. State or Subordinate, no penalty shall be imposed upon him in respect of his work or conduct before such promotion or transfer except by an authority competent to impose the penalty upon a member of the service in the latter class, category, grade or service as the case may be.

(b)      where a person has been reverted or reduced from a State to a Subordinate Service, or from one service to another or from one class, category or grade of a service to another class, category or grade thereof, no penalty shall be imposed upon him in respect of his work or conduct while he was a member of the service, class, category or grade, as the case may be, from which he was reverted or reduced except by an authority competent to impose the penalty upon a member of such service, class, category or grade as the case may be.

[14][(c) where disciplinary proceedings against a member of the service, transferred from a post under one disciplinary authority to a post under a different disciplinary authority becomes necessary in respect of any act or omission on his part while serving in the former post, such disciplinary proceedings may also be initiated and for continued and any penalties specified in items (a) to (h) of rule 15(1) imposed by the authority who would have been competent but for his transfer to initiate or continue the proceedings. The authority so initiating or continuing such disciplinary proceedings shall intimate the fact forthwith to the disciplinary authority competent to initiate disciplinary proceedings against him after his transfer and such authority shall on receipt of such information refrain from taking any disciplinary proceedings against the member of the service in respect of the same act or omission.

Provided that in the case of transfer of a member on promotion to a higher grade or post only the authority competent to impose the penalty on a member of such higher grade or post shall be entitled to initiate or continue such disciplinary proceedings.]

Rule - 18A. [Provisions regarding officers lent to other Governments etc.

(1)     Where the services of a member of the service are lent to another Government. Central or State, or an authority subordinate thereto or to a local or other authority (hereinafter referred to as "the borrowing authority") the borrowing authority shall have the powers of the appointing authority for the purpose of placing him under suspension and of the Disciplinary authority for the purpose of taking a disciplinary proceeding against him:

Provided that the borrowing authority shall forthwith inform the authority which lent his services (hereinafter in this rule referred to as "the lending authority") of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding, as the case may be.

(2)     In the light of the findings in the disciplinary proceedings taken against the member of service:

(i)       if the borrowing authority is of the opinion that any of the penalties specified in items (a) to (h) of rule 15(1) shall be imposed on him. it may, in consultation with the lending authority, pass such orders on the case as it deems necessary:

Provided that in the event of a difference of the opinion between the borrowing authority and the lending authority, the services of the member of the service shall be placed at the disposal of the lending authority;

(ii)      if the borrowing authority is of the opinion that any of the penalties specified in items (i) to (m) of rule 15(1) shall be imposed on him. it shall replace his service at the disposal of the lending authority and transmit to it the proceedings of the inquiry and thereupon the lending authority may, if it is the Disciplinary authority, pass such orders thereon as it deems necessary or of it is not the Disciplinary authority, submit the case to the Disciplinary authority which shall pass such orders on the case as it deems necessary according to the procedure prescribed under these rules, or after holding such further enquiry as it may deem necessary.

An appeal shall lie to the Government of Kerala from the orders passed by the borrowing authority by virtue of the powers vested in them under this rule.][15]

Rule - 19. Unauthorized withdrawal from duty.

A member of the service who with draws himself from duty without leave or permission for 21 days shall be deemed to be a deserter and be removed from service by competent authority Such withdrawal from service shall be sufficient ground under paragraph (b) of the proviso to Article 311(2) of the Constitution to make it not reasonably practicable to give the deserter an opportunity of showing cause against the action proposed to be taken in regard to him.

Rule - 20. [taking effect of Punishments.

A Punishment shall take effect from the date of acceptance or the date of attempted Service, in the case of refusal to accept the order, unless it is otherwise ordered by the punishing authority.][16]

Rule - 21. Deferred punishment.

The authority imposing the penalty on a member of the Kerala Police Subordinate Service may, in consideration of his previous good conduct, or other sufficient grounds, hold in abeyance for a stated period, ranging from six to twelve months, the penalties mentioned in clauses (d) (e) and (f) of sub-rule (1) of rule 15. The correctional object of this procedure shall be explained to the member of the service, and at the end of such period the order of punishment may be cancelled or confirmed on the basis of his record during such period spent on duty.

Rule - 22.

(1)     The authority imposing any penalty other than those mentioned in clauses (a), (b) and (c) of sub-rule (1) of rule 15 shall maintain a record showing:-

(i)       the allegations upon which action was taken against the person punished;

(ii)      the charges framed, if any;

(iii)     the person's representations, if any, and the evidence taken, if any; and

(iv)    the findings and the grounds thereof, if any.

(2)     All orders of punishment shall also state the grounds on which they are based and shall be communicated in writing to the person against whom they are passed.

PART IV APPEALS

Rule - 23. Appealable Penalties.

Every person who is a member of the service shall be entitled to appeal, as hereinafter provided, from an order passed by an authority-

(a)      imposing upon him any of the penalties specified in rule 15 except those mentioned in clauses (a), (b) and (c) of sub-rule (1) of that rule;

(b)      placing him under suspension under rule 7;

(c)      discharging him in accordance with the terms of his contract, if he has been engaged on a contract for a fixed or for an indefinite period and has rendered under either form of the contract continuous service for a period exceeding five years at the time when his services are terminated.

Rule - 24. [Appeal to Governor.

[xxxx][17]

Rule - 25. [Appeal to Governor.

[xxxx][18]

Rule - 26. No joint Appeal.

Every person preferring appeal shall do so separately and in his own name.

Rule - 27. Formalities of an appeal petition.

(a)      Every appeal preferred under these rules shall contain all material statements and arguments relied on by the appellant, shall contain no disrespectful or improper language and shall be complete in itself. Every such appeal shall be submitted through the Head of the office to which the appellant belongs or belonged and through the authority from whose order the appeal is preferred.

(b)      No appeal shall be admitted by the appellate authority if it has not been preferred within two months from the date on which a copy of the order appealed against was communicated to the appellant.

Provided that, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within the said period, the appeal may be admitted by such authority if it is not preferred within two months from the date on which a copy of the order appealed against was communicated to the appellant.

Explanation:- Where the person concerned has absconded or where it is for any other reason impracticable to communicate with him, the period of two months referred to in this rule shall be counted from the date of the order appealed against.

Rule - 28. Withholding of an appeal.

An appeal may be withheld by an authority not lower than the authority from whose order it is preferred if:

(a)      it is an appeal in a case in which under these rules no appeal lies; or

(b)      it does not comply with the provisions of rules 26 and 27;

(c)      it is a repetition of a previous appeal and is made to the same appellate authority by which such appeal has been decided, and no new facts or circumstances are adduced which afford grounds for a reconsideration of the case:

(i)       Provided that in every case in which an appeal is rejected the appellant shall be informed of the fact and the reasons for it.

(ii)      provided further that an appeal withheld on account of the failure to comply with the provisions of sub-rule (a) of rule 27 may be resubmitted at any time within one month of the date on which the appellant has been informed of the withholding of the appeal, and, if resubmitted in a form which complies with those provisions shall not be withheld.

Rule - 29. No appeal when one withheld.

No appeal shall lie against the withholding of an appeal, by a competent authority.

Rule - 30. Order on withholding of appeal.

An appellate authority may call for any appeal admissible under these rules, which has been withheld by a subordinate authority and pass such orders thereon as it considers fit.

Rule - [31.

[xxxx][19]

Rule - 32. Appeal forwarding with opinion.

(a)      Every appeal which is not withheld under these rules shall be forwarded to the appellate authority by the authority from whose order the appeal is preferred with an expression of opinion.

(b)      Half yearly statements of appeals withheld. A list of appeals withheld under rule 28 with the reasons for withholding them shall be forwarded half-yearly by the withholding authority to the appellate authority.

Rule - 33. No Counsel in inquiry or appeal.

No person shall be entitled to engage a Counsel in an appeal petition presented by him, nor shall he be entitled to an oral hearing.

Rule - 34. Order of appellate authority.

In the case of an appeal under Rules 24 and 25 the appellate authority shall pass such order as appears to it just and equitable having regard to all the circumstances of the case.

Rule - 35. Points to be considered by appellate authority.

(1)     In the case of an appeal against an order imposing any penalty specified in Rule 15 the appellate authority shall consider:-

(a)      whether the facts on which the order was based have been established;

(b)      whether the facts established afford sufficient ground for taking action; and

(c)      whether the penalty is excessive, adequate or inadequate; and after such consideration shall pass such order as it thinks proper:

[20][Provided that-

(i)       the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appealed against is competent in the case to impose;

(ii)      no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty and

(iii)     if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (j), (k), (l) and (m) of sub-rule (1) of rule 15 and an enquiry under rule 6 by the authority specified in Rule 8 has not already been held in the case, the appellate authority shall itself hold such enquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such enquiry in the matter provided for in rule 17 pass such orders as it may deem fit.]

(2)     Any error or defect in the procedure followed in imposing a penalty may be disregarded by the appellate authority if such authority considers, for reasons to be recorded in writing, that the error or defect was not material and has neither caused injustice to the person concerned nor affected decision of the case.

PART VI PAY AND OTHER ALLOWANCES AFTER REINSTATEMENT

Rule - 37.

[21][xxxx]

PART VII SUBMISSION OF REPORT

Rule - 38.

Every authority other than the Government empowered to impose any of the penalties specified in clauses (k), (l) and (m) of sub-rule (1) of rule 15 shall submit to the Govt. in the Administrative Department concerned a quarterly statement of cases where any of the aforesaid penalties have been imposed or where a member of a service is suspended under rule 7. Every appellate authority other than the Government shall likewise submit a quarterly statement of cases disposed of, to the Government in the Administrative Department.

 

[22][Annexure]

Lowest Authority which may Impose Penalties (Noted in Columns 2 to 9)

(Refferred to in Rule 16)