Section 15A in Assam Service (Discipline and Appeal) Rules, 1964
15A. [ [Inserted vide Notification No. ABP.69/78/Pt/47 dated 27/07/1978.]
(1)Notwithstanding anything contained in Rule 15, the Government servant may appeal against an order imposing upon him the penalty of dismissals, removal or reduction in rank with the aid of the provisos (a), (b) and (c) to Article 311 (2) of the Constitution of India during the period during which the emergency proclaimed in the month of June 1975 was in force, hereinafter called in these rules as the emergency period, to a committee of 3 persons to be set up by the State Government for this purpose, the state Government may constitute as many committees as it may deem fit to deal with the appeals preferred under this rule and specify the appeals of different categories of Government servant which will be heard and dispose of by each such committee appointed. The constitution of each such committee shall be notified by the State Government in the official Gazette:Provided that any committee so constituted would not hear the case of a person, which have been dealt, directly or indirectly, by any of its members at any stage of the passing of the impugned order. Such cases shall be brought to the notice of the Government which shall then nominated some other person in place of the member in question.(2)All appeals against orders of dismissals, removals and reduction in ranks passed under provisos to Article 311 (2) of the Constitution of India which are pending before the appellate authority on or before the date on which these rules come into force shall stand transferred to such committee constituted under the preceding rule as may be specified by the State Government. Any Government servant who did not prefer any appeal against any order would be entitled to do so within a period of thirty days from the date of notification constituting a committee. The appellate authority on receipt of such a memorandum of appeal shall forward the same to the committee in question without delay. Such an appeal could be filed notwithstanding anything to the contrary in rule 19 directly to the appellate authority named in the schedule who shall thereafter call for the records along with the report of the disciplinary authority and transmit the appeal along with records to the committee in question.Explanation. - For the purpose of this rule all petitions filed against any order of dismissal, removal or reduction in rank under provisos to Article 311 (2) of the Constitution of India during the emergency period and pending before the authority shall be deemed to be appeals filed under rule 15 A.(3)Each of the committees constituted by the Government under sub-rules (1) shall have all the powers of the appellate authority and shall be subject to the same restrictions as laid down in rule 23:Provided that it shall be incumbent for the committee to hear the officer in person before passing any final order on the appeal. But the officer would have no right to be represented by a legal practitioner. The committee may, however, allow lawyer representation in a particular case if deemed fit by it:Provided further that the disciplinary authority could nominate any person to represent it before the committee. The person so nominated would not be a legal practitioner except in a case where the officer is allowed to be represented by a legal practitioner. Provided also that in hearing a case covered by proviso (b) to Article 311 (2), it shall be the duty of the committee (i) to make available the reasons which were recorded for dispensing with the enquiry, (ii) to inform the delinquent about the misconduct in question alleged against him and about the materials which had led the appointing authority to come to the conclusion that the misconduct in question had been proved, and (iii) to specifically hear the delinquent on the question of the penalty which had been imposed on him. The last requirement shall be observed in other cases also.(4)Where any order of dismissal, removal or reduction in rank of any Government servant appealed against is set aside and the case is remitted.(i)without any direction; or(ii)with a direction to proceed further but the disciplinary authority does not decide to proceed in such manner; the concerned officers should be re-instated immediately;(iii)with direction to proceed and the disciplinary authority decides to proceed further against the Government servant, the Government servant shall irrespective of the fact whether he was placed under suspension or not be deemed to be placed under suspension with effect from the date of the original order of dismissal, removal or reduction in rank as the case may be and shall continues under suspension till the order of suspension is vacated.
