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DISCIPLINARY PROCEEDINGS

III APPEALS , REVISION AND REVIEW

The remedies available to the Government Servants against wrongfulimposition of penalties may be divided as Departmental Remedies andLegal Remedies. Departmental Remedies are Appeal, Revision andReview.APPEAL AGAINST PENALTIES:

Under rule 19 of The Tamil Nadu Civil Services (Discipline and Appeal)Rules, every Government Servant or a person who has ceased to be inGovernment Service is entitled to prefer an appeal against the penaltiesimposed upon him/her.

The appeal petition shall be submitted, within a period of twomonths from the date on which the order was communicated to him/ her,to the Government if the orders were passed by the Head of Departmentor to the Head of Department if the orders were passed by an authoritysubordinate to the Head of Department for review of the orders passedon any of the following grounds :

(i) Orders not passed by the competent authority(ii) A reasonable opportunity not given to the Government Servantto defend himself /herself(iii) Excessive or unjust punishment imposed(iv) Discovery of new matter or evidence which was not within his/

her knowledge or could not been adduced by him/her before theorder imposing the penalty was passed.(v) Evident error or omission such as failure to apply the Law ofLimitation or an error of procedure apparent on the face ofthe recordThe Government may, in its discretion, condone any delay in

submitting the petition for review within the period of two months fromthe date on which the order was communicated, if the reasonable causeis shown for the delay [ Rule 20 ].

The appeal shall be addressed to the authority to whom the appealis preferred and submitted through the Head of Office and the authority

from whose order the appeal is preferred. The appeal shall contain allmaterial statements and arguments relied on by the appellant and shall becomplete in itself ( Rule 26 ).

In the case of an appeal against an order imposing any penalty,the appellate authority has to consider whether the facts on which theorder was based have been established, whether the facts establishedafford sufficient ground for taking action and whether the penalty isexcessive, adequate or inadequate and pass orders confirming,

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enhancing, reducing or setting aside the penalty or remitting the case tothe authority which imposed the penalty or to any other authority withsuch direction as it may deem fit in the circumstances of the case (Rule23 ).

If the appeal is withheld by an authority who is not lower than the

authority from whose order it is preferred, the appellant shall be informedof the fact and the reasos for it [ Rule 27 ]. While dismissing an appeal, itmay be stated that the appellate authority agrees with the punishingauthority, if the punishing authority contains the reasons and the samematerial is considered by the Appellate authority as was considered bythe punishing authority.REVISION OF ORDERS BY APPELLATE/ HIGHER AUTHORITY:

The State Government or the Head of Department or theAppellate authority may, at any time, call for records of any enquiryand revise any order made and may confirm, modify or set aside theorder / penalty imposed or remit the case to the authority which made theorder or to any other authority directing such authority to conduct furtherenquiry as it may consider proper in the circumstances of the case [ Rule36 (1) ]. The proceedings for the revision shall not be commencedbefore the expiry of the period of limitation for an appeal or before thedisposal of appeal, if the appeal has already been preferred [ Rule 36(2) ]. The application for revision shall be dealt with in the same manneras if it were an appeal [ Rule 36 (2) ].REVIEW BY GOVERNMENT OF ANY ORDERS PASSED BY THEM ON THE

BASIS OF NEW MATERIAL OR EVIDENCE AT ANY TIME:

The State Government may, at any time, review any orderpassed by them, when any new material or evidence which could notbe produced or was not available at the time of passing the order

under review, has come to their notice [ Rule 37 ].