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State of Tamilnadu - Section

Section 13 in Tamil Nadu Municipal (Non-Centralised-Regular) Public Health Establishment Discipline and Appeal Regulations, 1977

13. Matters to be considered in appeal.

(1)In the case of an appeal against an order imposing any of the penalties specified in regulation 3, the appellate authority shall consider the following: -
(i)whether the facts on which the order was based have been established 5
(ii)whether the facts established afford sufficient grounds for taking action; and
(iii)whether the penalty is excessive, adequate or inadequate; and after such consideration shall pass such order as it thinks proper.
(2)Any error or defect in the procedure followed in imposing a penalty may be disregarded by the appellate authority, if such authority considers for reasons to be recorded in writing, that the error or defect was not material and has neither caused injustice to the person concerned nor affected the decision of the case.