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State of Tamilnadu - Section

Section 7 in The Tamil Nadu Village Servants (Classification, Control and Appeal) Rules, 1983

7. Revision.

(1)Notwithstanding anything contained in rule 5, the Revenue Divisional Officer may, of his own motion, call for and examine the records relating to any order passed by the Tahsildar and for reasons to be recorded in writing confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed or remit for re-consideration such order on any of the grounds specified in sub-rule (3).
(2)Notwithstanding anything contained in rule 5, the Collector may, of his own motion, or on the application of the person aggrieved, call for and examine the records relating to any order passed by the Revenue Divisional Officer and for reasons to be recorded in writing, confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed, or remit for re-consideration such order on any of the grounds specified in sub-rule (3).
(3)The grounds on which any order shall be confirmed, reduced, enhanced, set aside or remitted for re-consideration or any penalty shall be imposed where no penalty has been imposed, shall be as follows:-
(i)the order is incorrect, or is vitiated by illegality or material irregularity or impropriety or obvious error resulting in miscarriage of justice or want of jurisdiction;
(ii)the authority concerned failed to exercise the jurisdiction under these rules or had exceeded his jurisdiction;
(iii)the punishment imposed is excessive or inadequate:
Provided that no order enhancing the punishment shall be passed on any application for revision:Provided further that no order prejudicial to any person shall be passed unless such person has been given a reasonable opportunity of making his representation against such order:Provided also that no application for revision shall be made by any person aggrieved by any order passed on appeal under rule 6 against the order imposing fine as a penalty.
(4)An application for revision under this rule shall be made by the person aggrieved within two months from the date of receipt of the order sought to be revised:Provided that it shall be open to the revisionary authority to entertain a revision petition beyond time on being satisfied that the delay is due to just and sufficient cause.
(5)The revisionary authority may, pending exercise of the powers of revision under this rule, stay the execution or suspend the operation of any order, which is the subject-matter of revision under this rule.