Section 62 in The Insurance Regulatory And Development Authority (Conditions Of Service Of Officers And Other Employees) Regulations, 2000
62. 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 48 and having regard to the circumstances of the case, the order of 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 49 or enhancing any penalty imposed under the said regulations, the appellate authority shall consider-(a)whether the procedure laid down in these regulations has been complied with or has resulted 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 penalty 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 sub-clauses (i) to (v) of clause (a) regulation 49 and an inquiry under regulation 52 has not already been held in the case, the appellate authority shall itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of regulation 52 and thereafter, on a 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 regulation 49 and an enquiry under regulation 52 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 54, of making a representation against such enhanced penalty.(3)In an appeal against any other order specified in regulation 62 the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.
