Section 16(2) in Assam Service (Discipline and Appeal) Rules, 1964
(2)An appeal against order-(a)Stopping a Government servant at the efficiency bar in the timescale on the ground of his unfitness to cross the bar;(b)Reverting to a lower service, grade or post, a Government servant officiating in a higher service, grade or post, otherwise than as a penalty;(c)Reducing or withholding the pension or denying the maximum pension admissible under the rules;(d)Determining the pay and allowances for the period of suspension to be paid to a Government servant on his reinstatement or determining whether or not such period shall be treated as a period spent on duty for any purpose; and3(e)Placing a Government servant under suspension, shall lie-(i)In the case of an order made in respect of Government servant on whom the penalty of dismissal from services can be imposed only by the Governor to the Governor; and(ii)In the case of an order made in respect of any other Government servant, to the authority to whom an appeal against an order imposing upon him the penalty of dismissal from service would lie.Explanation. - In this rule -(i)The expression "Government servant" includes a person who has ceased to be in Government service;(ii)The expression "Pension" includes additional pension, gratuity and any other retirement benefit.
