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State of Kerala - Section

Section 28 in Kerala Civil Services (Classification, Control & Appeal) Rules, 1960

28. Withholding of appeals.

(1)The authority which made the order appealed against may withhold the appeal if,-
(i)it is an appeal against an order from which no appeal lies; or
(ii)it does not comply with any of the provisions of rules 26 and 27; or
(iii)it is not submitted within the period specified in rule 25 and no cause is shown for the delay; or
(iv)it is a repetition of an appeal already decided and no new facts or circumstances are adduced; or
(v)it is addressed to an authority to which no appeal lies under these rules:
Provided that an appeal withheld on the only ground that it does not comply with the provisions of rules 26 and 27 shall be returned to the appellant and, if resubmitted within one month thereof after compliance with the said provisions shall not be withheld.
(2)Where an appeal is withheld, the appellant shall be informed of the fact and the reasons therefor.
(3)When the appeal is withheld, the authority withholding the appeal shall forward a copy of the order communicated to the Government servant to the appellate authority.