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Union of India - Section

Section 19 in The Khadi And Village Industries Commission Employees (Classification, Control And Appeal) Regulations, 2003

19. Orders against which appeal lies.

- [***] [Omitted by Notification No. G.S.R. 91(E) dated 19.02.2007 (w.e.f. 14.10.2004).] An employee may prefer an appeal against all or any of the following orders, namely :
(i)an order of suspension made or deemed to have been made under regulation 8;
(ii)an order imposing any of the penalties specified in regulation 9, whether made by the Disciplinary Authority or by any Appellate or Revising Authority;
(iii)an order enhancing any penalty, imposed under regulation 9.
(iv)an order which
(a)denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules, regulations or by agreement; or
(b)interprets to his disadvantage the provisions of any such rule, regulation or agreement;
(v)an order
(a)stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;
(b)reverting him while officiating in a higher service, grade or post, to a lower service, grade or post, otherwise than as a penalty;
(c)reducing or withholding the pension or denying the maximum pension admissible to him under these regulations;
(d)determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;
(e)determining his pay and allowance
(i)for the period of suspension, or
(ii)for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, time-scale or stage in a time-scale of pay, to the date of his reinstatement or restoration to his service, grade or post; or
(f)determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time-scale or pay or stage in a time scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose.
Explanation. - In this regulation
(i)the expression "employee" includes a person who has ceased to be in the service of the Commission;
(ii)the expression "pension" includes additional pension, gratuity and any other retirement benefit.