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State of Punjab - Section

Section 44 in Punjab Women and Children Development and Welfare Corporation Staff Regulations, 1986

44. Appeal.

(1)Every employee shall be entitled to appeal against any order imposing any penalty as specified in regulation 43.
(2)An appeal shall lie :-
(a)Against any orders passed by the Administrative Officer in exercise of the powers conferred or to be conferred on him by, or under these Regulations, to the Managing Director, and
(b)against the orders of the Managing Director to the Board.
Provided that no appeal shall lie against any order of the appellate authority or of the Board of Directors.Provided further that where a penalty has been imposed with the approval of the Board, the person on whom the penalty has been imposed may apply to the Board for revision of its decision within one month of the date of service of the order imposing the penalty,
(3)Conditions which an appeal should satisfy. - Every appeal shall comply with the following requirements :-
(i)it shall be couched in polite and respectful language and shall be free from unnecessary padding or superfluous verbiage;
(ii)it shall contain all material statements and arguments relied on, and shall be complete in itself;
(iii)it shall specify the relief desired; and
(iv)it shall be submitted through the proper channel.
(4)When appeals may be withheld. - An appeal may be withheld by the Administrative Officer or the Managing Director, if
(i)it does not comply with the requirement of sub-regulation (3);
(ii)it is illegible or is un-intelligible;
(iii)it deals with a matter which does not concern the employee personally.
(iv)it repeats an appeal already rejected by the authority to whom the appeal is addressed and does not, in the opinion of the Administrative Officer or the Managing Director, as the case may be, disclose any new points or circumstances which afford grounds for re-consideration;
(v)it is not preferred within three months of the date of the relief against which the appeal is made; and
(vi)it is addressed to an authority to which no appeal lies under these regulations.
(5)Grounds of withholding the appeal to be communicated to the applicant. - In every case in which an appeal as withheld, the authority withholding the appeal shall inform the applicant the fact of withholding the appeal and the reasons for withholding it, within three months from the receipt of appeal. However, in exceptional cases; for the reasons to be recorded in writing, such intimation may be sent to him within a period of six months.
(6)Appeal must be forwarded to the Appellate authority with due despatch. - An appeal which is not withheld under sub-regulation (4) shall be forwarded to the appellate authority with the comments of the Administrative Officer or the Managing Director, as soon as possible.
(7)No appeal shall lie against an order withholding an appeal.
(8)Joint Petitions :- The provisions of sub-regulations (3) to (7) shall also apply to the extent they are relevant to petitions which concern more than one employee and are preferred jointly by a class or group of employees or by an association or union of employees recognised by the Corporation. A joint petition shall not be entertained if :-
(i)it relates to a subject on which the Managing Director is authorised to pass orders, and no application for redress has been made to him.
(ii)it relates to a matter regarding the redress of which a specific procedure has been prescribed under any regulation or instruction issued by the Corporation; or
(iii)it relates to an individual and is not submitted by him.