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State of Tamilnadu - Section

Section 14 in The Chennai Corporation Class III and Class IV Service (Discipline and Appeal) by-laws

14. Procedure to be followed by the appellate authority.

(1)In the case of an appeal against an order imposing any penalty specified in by-law 5, the appellate authority shall consider -
(a)whether the facts on which the order was based have been established;
(b)whether the facts established afford sufficient ground for taking action; and
(c)whether the penalty is excessive, adequate or inadequate, and after such consideration, shall pass such order as it thinks proper.
(2)Any error or defect in the procedure followed in imposing a penalty may be disregarded 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.