Section 41 in U.P. Zila Panchayats Service Rules, 1970
41. [ Appellate Authorities. [Rule 41 substituted by Notification No. U.O - 186-D/33-U. P. A.-33-1961-Rule-1970-AM (5)-77, dated 12th October, 1977 (vide U. P. Zila Panchayats Service (Fifth Amendment) Rules, 1977) (w.e.f. 12-10-1977). Before substitution Rule 41 was stood as under : '41. Appellate Authorities.-(1) In the case of an officer or a servant appointed in consultation with the Commission under sub-section (1) of Section 43, clause (a) of sub-section (2) of Section 46, Section 47 or sub-section (1) of Section 54 of the Act or under the provisions of the Uttar Pradesh Zila Parishad (Central Transferable Cadre) Rules, 1966, an appeal or representation, as the case may be, shall lie to the State Government.(2) In the case of a servant appointed by the Mukhya Adhikari or any Head of Department under sub-section (2) of Section 43 of the Act, an appeal or representation, as the case may be, shall lie to the Adhyaksha of the Parishad.(3) In the case of all other servants, an appeal or representation, as the case may be, shall lie to the Commissioner of the Division.']
(1)In the case of an officer or a servant appointed in consultation with the Commission under sub-section (1) of Section 43, clause (a) of sub-section (2) of Section 46, Section 47 or sub-section (1) of Section 54 of the Act or under the provisions of the Uttar Pradesh [Zila Panchayats] (Central Transferable Cadre) Rules, 1966, an appeal or representation, as the case may be, shall lie to the State Government.(2)In the case of a servant appointed by the Mukhya Adhikari or any Head of Department under sub-section (2) of Section 43 of the Act, an appeal or representation, as the case may be, shall lie to the Adhyaksha of the [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.].(3)In the case of all other servants, an appeal or representation, as the case may be, shall lie to the Commissioner of the Division :Provided that in the case of a teacher or any other person whose services were liable to be transferred to the Uttar Pradesh Board of Basic Education established under Section 3 of the Uttar Pradesh Basic Education Act, 1972, had his service not been terminated before the establishment of the said Board, an appeal or representation filed by such teacher or other person and pending for disposal with the State Government, Adhyaksha of the [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.], Commissioner of a Division or the Director of Education or any other Authority shall stand transferred to the appropriate Appellate Authority specified in the Schedule to the Uttar Pradesh Basic Education Staff Rules, 1973 and shall be disposed of by such Appellate Authority.]
