Section 90 in University of Udaipur Officers (Conditions of Service) Rules, 1976
90. Consideration of appeal.
- (i) In an appeal against an order of suspension, the appellate authority shall consider whether and having regard to the circumstances of the case the order of suspension is justified or not and confirm or revoke the order accordingly.(ii)In the case of any appeal against an order imposing any of the penalties specified in rule 76 the appellate authority shall consider;(a)whether the procedure prescribed in these rules has been complied with and if not, whether such non compliance has resulted in violation of any provision or in failure of justice.(b)whether the facts on which the order was passed have been established.(c)whether the facts established afford sufficient jurisdiction for making an order, and(d)whether the penalty imposed is excessive, adequate or inadequate:Provided that (i) the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appealed against is competent in the case to impose; (ii) no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty; and (iii) if the enhanced penalty which the appellate authority proposes to impose is of the penalties specified in clauses IV to VII of rule 76 and an inquiry has not already been held in the case, the appellate authority shall itself hold such inquiry or direct that such inquiry' to be held and thereafter on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making any representation which he may wish to make against any such penalty pass such order as it may deem fit.
