Chapter 13 - Appeal And Review
1. Appeal against the order of penalty (applicable to Officer employees)
An officer employee may appeal against an order imposing upon him any of the penalties specified in regulation 4 of PNB Officer Employees (Discipline and Appeal) Regulations 1977, or against the Order of Suspension referred to in Regulation 12.
1.2 Period of limitation
An appeal shall be preferred within 45 days from the receipt of the order appealed against. However, the Appellate Authority may entertain the appeal even after the expiry of 45 days by condoning the delay or extending the stipulated time, if satisfied that the appellant shown sufficient cause for delay.
An appeal shall be addressed to the Appellate Authority and submitted to the authority whose order is appealed against. The authority whose order is appealed against shall forward the appeal together with comments and records of the case to the Appellate Authority.
2.1 Notwithstanding any thing contained in the Regulations, the Reviewing Authority may call for the records of the case within 6 months of the date of final order and after reviewing the case pass the final orders thereon as it may deem fit.
2.2 The Appellate Authority must record reasons in support of his decision as is obligatory in such a quasi-judicial proceeding so as to ensure that the decision is reached according to Law. The Appellate Authority must invariably issue a self-contained reasoned speaking-order highlighting the relevant issues raised in the Appeal and the Appellate Authoritys views thereon indicative of independent assessment conforming to legal requirements and issue such orders under his signatures. As the penalty is decided with the advice of CVO or Central Vigilance Commission, prior consultation with CVO/Central Vigilance Commission is necessary before passing the order on the appeal subject, however, the explanation contained under Par
3. Role of Appellate Authority / Reviewing Authority
3.1 The Appellate Authority / Reviewing Authority while considering the appeal/petition shall consider:-
|i)||Whether the procedure laid down under the D&A Regulations has been complied with and if not, whether such non-compliance has resulted in failure of justice.|
|ii)||Whether the findings of Disciplinary Authority are warranted by the evidence on record.|
|iii)||Whether the 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 authorities which imposed / enhanced the penalty with such instructions as it may be deem necessary.|
If the enhanced penalty which the Appellate/Reviewing Authority proposed to impose is a major penalty specified in clauses (f), (g), (h), (i) and (j) of Regulation 4 of PNB Officer Employee (D&A) regulations and an enquiry as provided in Regulation 6 has not already been held in the case, the Appellate/Reviewing Authority shall direct that such an enquiry be held in accordance with the provisions of Regulation 6 and thereafter consider the record of the enquiry and pass such orders as it may deem proper.
If the Appellate/Reviewing Authority decides to enhance the punishment but an enquiry has already been held as provided in Regulation 6, the Appellate/Reviewing Authority shall give a show cause notice to the officer employee as to why the enhanced penalty should not be imposed upon him and shall pass the final order after taking into account the representation, if any, submitted by the officer employee.
3.2 The Commission shall be consulted wherever necessary as mentioned in Para 5.
4 . The order of Appellate Authority / Reviewing Authority should discuss the following points:-
|i)||Justness of the findings of the Disciplinary Authority / Appellate Authority. With reference to the admissible evidence.|
|ii)||Proper discussion of the points raised in Appeal/Review Petition.|
|iii)||An objective assessment of the lapse of the punished official with a view to coming to|
|iv)||a decision that the charges have been established and the penalty is appropriate/adequate/inadequate and require/does not require modification.|
5. Cases where Central Vigilance Commission has been consulted
5.1 If in an appeal or review, the appellate/reviewing authority proposes to modify the original order of punishment, the Commissions advice would not be necessary where such modification remains within the parameters of the Commissions original advice. If on the Commissions advice for imposition of a Major penalty, the appellate or reviewing authority proposes to modify the original penalty imposing such a penalty with another Major penalty, the Commissions advice at the appellate/review stage would not be necessary. On the other hand, in the instant case, if the modified penalty is not a Major penalty, the Commissions advice would be necessary.
5.2 Where the Commission has not advised a specific penalty, the CVO shall scrutinise the final orders passed by the Disciplinary Authority and ascertain whether the penalty is commensurate with the nature and gravity of the lapses. If the punishment imposed is inadequate or inappropriate, he may recommend a modification thereof to the Reviewing Authority. On satisfying himself that a case for review exists, the latter may thereafter, assume jurisdiction over the case as provided for under the rules.