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Appeal and Revision.

§19

Summary

(1) Any member of the Dal aggrieved by an order made under section 18 may, within thirty days from the date on which the order is communicated to him, prefer an appeal against the said order to such officer or authority as may be prescribed, and subject to the provisions of sub-section (4), the decision of the said authority thereon shall be final: Provided that, the prescribed authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Notwithstanding anything contained in sub-section (1), no appeal shall lie against- (i) any order of an interlocutory nature or of the nature of step-in-aid in any disciplinary proceeding or inquiry; (ii) any order passed by Government under sub-section (4). (3) In disposing of the appeal filed under sub-section (1), the prescribed officer or authority shall follow such procedure as may be prescribed. (4) The State Government may, suo motu, or on an application made in this behalf by an aggrieved person, call for and examine the record of any proceeding under clause (a) of section 18 or under sub-section (1) of this section and after making such inquiry or causing such inquiry to be made, may, subject to the provisions of this Act, pass such order thereon as it thinks fit: Provided that, no record of any such proceeding shall be called for and examined after the expiry of sixty days from the date on which the period specified for appeal under sub-section (1) has expired or, as the case may be, if an appeal is filed, from the date of communication to the concerned person of the order passed in the appeal proceeding: Provided further that, no order imposing an enhanced penalty under sub-section (1) or sub-section (4) shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order.

(1) Any member of the Dal aggrieved by an order made under section 18 may, within thirty days from the date on which the order is communicated to him, prefer an appeal against the said order to such officer or authority as may be prescribed, and subject to the provisions of sub-section (4), the decision of the said authority thereon shall be final: Provided that, the prescribed authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Notwithstanding anything contained in sub-section (1), no appeal shall lie against- (i) any order of an interlocutory nature or of the nature of step-in-aid in any disciplinary proceeding or inquiry; (ii) any order passed by Government under sub-section (4). (3) In disposing of the appeal filed under sub-section (1), the prescribed officer or authority shall follow such procedure as may be prescribed. (4) The State Government may, suo motu, or on an application made in this behalf by an aggrieved person, call for and examine the record of any proceeding under clause (a) of section 18 or under sub-section (1) of this section and after making such inquiry or causing such inquiry to be made, may, subject to the provisions of this Act, pass such order thereon as it thinks fit: Provided that, no record of any such proceeding shall be called for and examined after the expiry of sixty days from the date on which the period specified for appeal under sub-section (1) has expired or, as the case may be, if an appeal is filed, from the date of communication to the concerned person of the order passed in the appeal proceeding: Provided further that, no order imposing an enhanced penalty under sub-section (1) or sub-section (4) shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order.

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