Section 7 in Tamil Nadu Town Panchayat Establishment (Punishment and Appeal) Rules, 1988
7. Appeals.
(1)(a)Every officer or servant of a town panchayat shall be entitled to appeal, as hereinafter provided, from an order passed by the executive authority or the authority specified in Chapter II of Part III of these rules of the Tamil Nadu Town Panchayats Establishment Rules, 1988, imposing upon him any one or more of the penalties specified in rule 3 other than the following, namely:(i)Censure;(ii)A fine not exceeding five rupees or a recovery of any sum not exceeding five rupees under rule 4;(iii)Suspension pending enquiry under rule 5.(b)An appeal shall also lie against all orders of discharge or reversion to a lower post of a person appointed on probation:Provided that the discharge or reversion of any person shall not be deemed to be an order imposing a penalty within the meaning of this sub-rule and no appeal shall lie in cases falling under Explanations I and II to rule 4 (3).(2)An appeal under the sub-rule (1) shall lie, -(a)in the case of an order passed by the executive authority in consultation with the District Town Panchayat Officer or an order passed by the District Town Panchayat Officer to the Director of Town Panchayats; and(b)in all other cases to the District Town Panchayat Officer: Provided that the appellate authority may, in the case of any technical staff of the public health, water supply or Town Planning Establishment consult the Director of Health and Family Welfare, the Chief Engineer, Tamil Nadu Electricity Board, Tamil Nadu Water Supply and Drainage Board, or the Director of Town and Country Planning as the case may be, before final orders are passed on their appeals.(3)(a)The appellate authority shall consider, -(i)Whether the facts on which the order was based have been established;(ii)Whether the facts established afford sufficient grounds for taking action; and(iii)Whether the penalty is excessive, adequate or inadequate; and after such consideration, shall pass such order as it thinks proper.(b)Any order or defect in the procedure followed in imposing a penalty may be discharged by the appellate authority if such authority considers, for reasons to be recorded in writing, that the error or defect was not material and has neither caused injustice to the person concerned nor affected the decision of the case.
