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State of Gujarat - Section

Section 36 in High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011

36. Chief Justice's power to review.

(1)Notwithstanding anything contained in these rules, the Chief Justice may, in his own motion or otherwise, after calling for the record of the case, review any order passed, under these rules, if he thinks that there is some error apparent on the face of the record or there are other sufficient reasons for review, and may -
(a)confirm, modify or set aside the order;
(b)impose any penalty or set aside, reduce, confirm or enhance the penalty;
(c)issue directions for further action or inquiry, or
(d)pass such other order as deems fit;
Provided that
(i)an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity to show cause why such penalty should not be enhanced;
(ii)none of the penalties specified in clauses (i) to (iv) of Rule 27 shall be changed to any of the penalties specified in clauses (v) to (ix) of the said Rule 27 unless the procedure laid down in Rule 30 has been followed;
(2)No proceedings of review under this rule shall be commenced until after -
(i)the expiry of the period of limitation for an appeal, or
(ii)the disposal of the appeal, when any such appeal has been preferred.