Section 15 in West Bengal Municipal Employees' (Classification, Control, Appeal and Conduct) Rules, 2010
15. Consideration of appeals
. (1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provision of rule 4 and having regard to the circumstances of the case, the order of suspension is justified of not and confirm and revoke the order accordingly imposing any of the penalties specified in rule 7. the appellate authority shall consider.(2)In the case of an appeal against an order imposing any of the penalties specified in rule 5, the appellate authority shall consider --(a)Whether the procedure prescribed in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any of the provisions of the Constitution of India or in the failure of justice;(b)Whether the findings are justified; and(c)Whether the penalty imposed is excessive, adequate or inadequate, and after consultation pass orders(i)setting aside, reducing, confirming or enhancing the penalty; or(ii)remitting the case to the authority, which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case :Provided that no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty.(3)In the case of an appeal against any order specified in rule 13, the Board of Councillor shall consider all the circumstances of the case and pass such orders as it deems just and equitable.
