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Understanding the Process of Appeals and Revisions in Government Service Orders

This document outlines the procedures for filing appeals and petitions against various government service orders, such as punishment, suspension, and denial of benefits. It details the types of orders that can be appealed, the time limits for submission (45 days), and the necessary documentation, including comments and case files. It also explains the process of revision, including authorities that can exercise these powers, and the significance of personal hearings. Finally, it touches upon the review process where the President can modify orders upon new evidence.

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Understanding the Process of Appeals and Revisions in Government Service Orders

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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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