Section 23 in The Khadi And Village Industries Commission Employees (Classification, Control And Appeal) Regulations, 2003
23. Consideration of appeal.
(1)In the case of an appeal against an order of suspension, the Appellate Authority shall consider whether in the light of the provisions of regulation 8 and having regard to the circumstances of the case, the order of the suspension is justified or not and confirm or revoke the order accordingly.(2)In the case of an appeal against an order imposing any of the penalties specified in regulation 9 or enhacing any penalty imposed under the said regulation, the Appellate Authority shall consider(a)whether the procedure laid down in these regulations has been complied with and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;(b)whether the findings of the Disciplinary Authority are warranted by the evidence on the record; and(c)whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe; and pass orders(i)confirming, enhancing, reducing or setting aside the penalty; or(ii)remitting the case to the authority which imposed or enhanced the penalties or to any other authority with such direction as it may deem fit in the circumstances of these cases:Provided that-(i)if such enhanced penalty which the Appellate Authority proposes to impose is one of the penalties specified in clauses (vi) to (x) of regulation 9 and an inquiry under regulation 10 has not already been held in the case, the Appellate Authority shall, subject to the provisions of regulation 15, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of regulation 10 and thereafter, on consideration of the proceedings of such inquiry and make such orders as it may deem fit;(ii)if the enhanced penalty which the Appellate Authority proposes to impose is one of the penalties specified in clauses (vi) to (x) of regulation 9 and an inquiry under regulation 10 has been held in the case, the Appellate Authority shall make such orders as it may deem fit after the appellant has been given a reasonable opportunity of making a representation against the proposed penalty; and(iii)no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be in accordance with the provisions of regulation 12, of making a representation against such enhanced penalty.(3)In an appeal against any other order specified in regulation 19, the Appellate Authority shall consider all the circumstances of the case and make such orders as it may deem just an equitable.
