Section 15A(3) in Assam Service (Discipline and Appeal) Rules, 1964
(3)Each of the committees constituted by the Government under sub-rules (1) shall have all the powers of the appellate authority and shall be subject to the same restrictions as laid down in rule 23:Provided that it shall be incumbent for the committee to hear the officer in person before passing any final order on the appeal. But the officer would have no right to be represented by a legal practitioner. The committee may, however, allow lawyer representation in a particular case if deemed fit by it:Provided further that the disciplinary authority could nominate any person to represent it before the committee. The person so nominated would not be a legal practitioner except in a case where the officer is allowed to be represented by a legal practitioner. Provided also that in hearing a case covered by proviso (b) to Article 311 (2), it shall be the duty of the committee (i) to make available the reasons which were recorded for dispensing with the enquiry, (ii) to inform the delinquent about the misconduct in question alleged against him and about the materials which had led the appointing authority to come to the conclusion that the misconduct in question had been proved, and (iii) to specifically hear the delinquent on the question of the penalty which had been imposed on him. The last requirement shall be observed in other cases also.
