Section 45(2) in The Tripura Board of Secondary Education (Terms and Conditions of Appointment and Discipline of the Employees) Rules, 1982
(2)In the case of an appeal against an order imposing any of the penalties specified in Rule 29 or enhancing any penalty imposed under the said rule, the appointing authority shall consider-(a)whether the procedure laid down in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of the 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 he 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 penalty or to any other authority with such direction as it may deem fit in the circumstances of the case :Provided that-(i)if the enhanced penalty, which the appellate authority proposes to impose, is one of the penalties specified in Clauses (v) to (ix) of Rule 29 and an enquiry under Rule 32 has not already been held in the case, the appellate authority shall, subject to the provisions of Rule 37, itself hold such inquiry or direct that such enquiry be held in accordance with the provisions of Rule 32 and thereafter, on a consideration of the proceedings of such enquiry makes such orders as it may deem fit;(ii)if the enhanced penalty which the appellate authority purposes to impose is one of the penalties specified in Clauses (v) to (ix) of Rule 29 and an enquiry under Rule 32 has already been held in the case the appellate authority shall make such orders as it may deem fit ; and(iii)no order imposing an enhanced penalty shall be made in any other case, unless the appellant has been given reasonable opportunity as far as may be in accordance with the provisions of Rule 34 of making a representation against such enhanced penalty.
