Section 35 in Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012
35. Appeal:-
(1)Except where the penalty is imposed by the High Court, a Member of aService may file an appeal within forty-five days of the communication ofthe decision of the imposition of penalty on a member of Service underRule 27.Provided that the High Court may in its discretion entertain an applicationafter a period of 45 days on being satisfied that the reasons for delay werebeyond the control of the member of Service or was prevented from filingsuch appeal in time for any sufficient cause.(2)The appeal under sub-rule (1) shall be submitted to the District Judge, induplicate, giving each grounds of appeal separately accompanied by a copyof the order imposing the penalty. The District Judge shall forward the saidappeal to the High Court with his or her comments, alongwith a copy ofinquiry report, if any, within one week of the submission of appeal.(3)A Member of the Service filing an appeal shall have no right to be heardpersonally at the High Court, unless summoned to do so.(4)After reading the appeal, the High Court may either(a)summarily reject it without hearing the appellant; or(b)refer it to the District Judge for report and on receipt of such report,reject the appeal without hearing the appellant; or(c)hear the appellant or permit him to file additional arguments inwriting, in support of grounds of appeal; or(d)set aside the order of imposing the penalty or impose any otherpenalty other than the penalty imposed by the Disciplinary Authorityor pass such order as may be deemed appropriate.(5)The order on appeal will be communicated to the appellant through DistrictJudge.
