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[Cites 0, Cited by 0] [Section 15] [Entire Act]

State of Uttar Pradesh - Subsection

Section 15(1) in The U.P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947

(1)Where any proceeding having been taken under the said rules as they stood before their amendment by these rules (hereinafter in this rule referred to as the unamended rules) before the commencement of these rules, and-
(a)the charged Government servant's for being represented by Counsel was rejected by the Tribunal on the ground that Rule 7 of the unamended rules did not permit such request being granted; or
(b)after the conclusion of the inquiry by the Tribunal the charged Government servant was asked to show cause against a proposed penalty of dismissal removal or reduction in rank but a copy of the findings of the Tribunal or of | its recommendation as to punishment was not furnished to such servant, or
(c)the enquiry against a charged Government servant being a "Judicial Officer" (as defined in the amended rules) was held by a Tribunal as constituted under the unamended rules or the punishment was awarded to him without the recommendation of the High Court in this behalf, or the High Court was not consulted at some other stage, then in either of the following case, namely:
(i)the proceedings before tribunal under the unamended rules are still pending; or
(ii)the proceedings before the tribunal having been concluded the matter is pending consideration with the Governor; or
(iii)the validity of any proceedings before the Tribunal or of the order of imposition of penalty has been challenged in a court of law on any of the aforementioned forms (a), (b) and (c) and the matter is either pending before the court or such proceedings or order has been adjudicated void by the court further proceedings shall be taken in the manner hereinafter provided