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Appeal/Petition

Appeal/Petition. Revision/Review. Appeals. Appeal lies against; - order of punishment - order of suspension/put off duty - order denying the benefits under service conditions. Petitions. Petition lies against: - appellate order - adverse entry in APAR

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Appeal/Petition

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  1. Appeal/Petition Revision/Review

  2. Appeals • Appeal lies against; - order of punishment - order of suspension/put off duty - order denying the benefits under service conditions

  3. Petitions • Petition lies against: - appellate order - adverse entry in APAR - orders under rule 5 CCS(TS)Rules -Orders under FR 17a, 56 j. -Rule 6 GDS (C & E)Rules

  4. Appeals/Petitions • Time limit; 45 days

  5. Appeals/Petitions… • To be forwarded with: - Para-wise comments - Connected files viz,IA’s files, SB ect - CR dossier - Case file serially numbered • No appeal/petition can be with held

  6. Exercise 10.2.6

  7. Revision • Is a stage after appeal • Power of revision may be exercised by the revising authority suo motu or on application • Authority decided appeal cannot revise his own order

  8. Revision… • Authority higher than appellate authority can do • Powers cannot be exercised until the appeal is finally disposed • In case where no appeal is preferred, power for revision can be exercised after the expiry of time-limit for submission of appeal

  9. Revision… (Competent authority) - The President - C & AG in case of Govt. servant serving in Indian Audit and Accounts Dept. - Member(personnel), Postal Services Board - Appellate authority, within six months of the date of the order proposed to be revised - Any other authority specified in this behalf by the president by a general or special order

  10. Revision…(Period of limitation) • Except the appellate authority, no time limit for other authorities -Appellate authority can work as revising authority if no appeal was submitted -Can exercise the powers within six months

  11. Revision…(Period of limitation) • Though no time limit is prescribed, powers of revision must be exercised within a reasonable time • Reasonable time determined by facts of the case and nature of the order

  12. Orders in Revision • Personal hearing essential • To enhance penalty show cause notice specifying the penalty proposed • Order must be a speaking order • Order must be signed by revising authority • Orders issued in the name of the President to be authenticated properly

  13. Orders in Revision • Confirm, modify or set aside the order  • Confirm, reduce, enhance or set aside the penalty • Impose penalty where it is not imposed • Remit case to the authority with directions to make inquiry

  14. Exercise 10.2.7 Case study

  15. Review • President can do it any time • Reviewing his own order  • Only when new material or evidence brought to his notice • To enhance penalty, opportunity to be given to official to represent

  16. Review… To award major penalty, when minor penalty is awarded, inquiry to be conducted

  17. Thank You

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