Section 217 in The Railway Protection Force Rules, 1987
217. Consideration of appeals.
-217.1While considering the appeal, the appellate authority may, on request, grantpersonal hearing to the aggrieved enrolled member of the Force in case it considers itin the interest of administration and justice.217.2In the case of an appeal against an order of suspension, the appellate authorityshall consider whether, in the light of the provisions of rules 134 and 135 and havingregard to the circumstances of the case, the order of suspension is justified or not andconfirm or revoke the order accordingly.217.3In the case of an appeal against an order imposing any of the punishmentsspecified in rules 148 and 149 or enhancing any penalty imposed under the said rules the appellate authority shall consider:-(a)Whether the procedure prescribed in these rules has been complied with, andif not whether such non-compliance has resulted in violation of anyconstitutional provisions or in miscarriage of Justice;(b)Whether the findings are warranted and based on evidence on record; and(c)Whether the punishment or the enhanced punishment imposed is adequate orinadequate or severe and pass speaking orders for-(i)setting aside, confirming, reducing or enhancing the punishment, or(ii)remitting the case to the authority which imposed or enhanced thepunishment or to any other authority with such directions as it may deemfit in the circumstances of the case:Provided that -(i)no order imposing an enhanced punishment shall be passed unless theappellant is given an opportunity of making any representation which he maywish to make against such enhanced punishment; and(ii)if the enhanced punishment, which the appellate authority purpose, is one of the punishments specified in clause(a) to (d) of rule 148.2 and an inquiryunder rule 153 has not already been held in the case, the appellate authorityshall, subject to the provisions of rule 153 itself hold such inquiry or directthat such inquiry be held and thereafter on a consideration of the proceedingsof such inquiry pass such orders as it may deem fit.
