Section 28 in The Jammu and Kashmir Energy Conversation Act, 2011
28. Appeal.
- Any person aggrieved, by an order made by an adjudicating officer or the Government or other authority under the Act, may prefer an appeal to the appellate court for energy conservation :Provided that any person appealing against the order of the adjudicating officer levying any penalty, shall, while filing the appal, deposit the amount of such penalty :Provided further that where in any particular case, the appellate court is of the opinion that the deposit of such penalty would cause undue hardship to such person, the appellate court may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realization of penalty.(2)Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the adjudicating officer or the Government or other authority, as the case may be, is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed :Provided that the appellate court may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.(3)On receipt of an appeal under sub-section (1), the appellate court may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.(4)The appellate court shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer or the Government or other authority, as the case may be.(5)The appeal filed under sub-section (1) shall be dealt with by the appellate court as expeditiously as possible.(6)The appellate court may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating officer or the Government or other authority under the Act, as the case may be, in relation to any proceedings, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.
