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Union of India - Section

Section 28 in The Central Reserve Police Force Rules, 1955

28. Appeal .-[(a) Every subordinate officer or personnel of any other rank below him against whom an order under serial number 1 to 7 of the table in rule 27 or under clauses (d) and (e) of Section 13 is passed is entitled to prefer an appeal against such order to the Director-General, if the original order was passed by the Special Director-General or Additional Director-General heading zone and to the Special Director-General or Additional Director-General heading Zone, if the original order was passed by the Inspector-General and to the Inspector-General, if the original order was passed by the Deputy Inspector-General and to the Deputy Inspector-General, if the original order was passed by the Commandant.]

(b)No appeal shall lie against an order by the competent authority inflicting any of the punishments mentioned in--
(1)[Serial Nos. 8 to 11 of the Table in rule 27;] [Substituted by G.S.R. 631, dated 10.8.1983. ]
(2)Clauses (a) , (b) and (c) of section 13;
(3)Against an order discharging recruit before the termination of his period of training.
(c)[ Every appeal preferred under these rules shall contain all material statements and arguments relied upon by the person preferring the appeal. It shall contain no disrespectful or improper language or irrelevant allegations and it shall be complete in itself. Petitions or appeals filed by members of the Force are not chargeable with stamp duty. Copies of other documents filed with the appeal shall be stamped under section 6 of the Court Fees Act, 1870, unless they have to be stamped under article 24 of Schedule I of the Indian Stamp Act, 1899.] [Substituted by G.S.R. 1618, dated 29.10.1976. ]
(d)Every appeal, whether the appellant is still in the Force or not, shall be preferred through the Commandant and shall not be sent direct to the appellate authority.
(e)An appeal which is not filed within 30 days of the date of the original order, exclusive of the time taken to obtain a copy of the order or record, shall be barred by limitation:
Provided the appellate authority may entertain time barred appeal if deemed fit.
(f)The Commandant may withhold [an appeal to the appellate authority senior to him] [Substituted for the words "an appeal to the Inspector-General or Deputy Inspector-General" by Notification No. GSR 95 (E) dated 13.2.2012 (w.e.f. 24.2.1955)] in cases--
(1)where under these rules no appeal lies;
(2)where the appeal does not comply with the provisions of sub-rule (c) , (d) or (e) above;
(3)where it is a further appeal presented after a final decision has been given by the competent appellate authority and no new facts have been brought out necessitating reconsideration of the case:Provided that in every case in which an appeal is withheld the person preferring the appeal shall be informed of the fact together with brief reasons therefor;
(g)No appeal shall lie against an order withholding of an appeal by a competent authority:
Provided that in cases of failure to comply with the conditions stated in sub-rule (c) or (d) above, the appeal shall not be withheld if it is preferred again in the prescribed form in conformity with the rules and is not time barred.
(h)A quarterly statement of all appeals withheld with brief reasons in respect of each appeal shall be furnished by the Commandant to the Deputy Inspector-General.