Section 15(2) in West Bengal Municipal Employees' (Classification, Control, Appeal and Conduct) Rules, 2010
(2)In the case of an appeal against an order imposing any of the penalties specified in rule 5, 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 the violation of any of the provisions of the Constitution of India or in the failure of justice;(b)Whether the findings are justified; and(c)Whether the penalty imposed is excessive, adequate or inadequate, and after consultation pass orders(i)setting aside, reducing, confirming or enhancing the penalty; or(ii)remitting the case to the authority, which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case :Provided that 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.
