Definition of Law In various schools of Jurisprudence.pdf

2 the appeal shall be presented to the authority to

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(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relied, shall not contain any disrespectful or improper language, and shall be complete in itself. (3) The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together 27. Consideration of appeal - (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 10 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
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115 Rule 11 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 the failure of justice; (b) Whether the findings oflhe 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 Such enhanced penalty which the Appellate Authority proposed to impose is one of the penalties specified in clauses (v) to (ix) of Rule II and an inquiry under Rule 14 has not already been held in the case, the Appellate Authority shall, subject to the provisions of Rule 19, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 14 and thereafter, on a 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 impose is one of the penalties specified in clauses (v) to (ix) of Rule 11 and enquiry under Rule 14 has been held in the case, the appellate authority shall make a such orders as it may deem fit after the appellant has beeh given a reasonable opportunity of making a representation against the proposed penalty]. (iv) 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 16, of making a representation against such enhanced penalty.
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