Section 5 in Tamil Nadu Municipal Services Discipline and Appeal) Rules, 1970
5. Appellate Authority.
(1)Notwithstanding the provisions in rule 4, the appellate authority may, in respect of any specified penalty, pass an order imposing penalty on a member of service in any specified case.(2)Where, in any case, the appellate authority has imposed or declined to impose a penalty under this rule, the disciplinary authority shall have no jurisdiction to proceed under this rule in respect of the same case.(3)The fact that a disciplinary authority has imposed or declined or declined to impose a penalty in any case shall not debar the appellate authority from exercising his jurisdiction under this rule in respect of the same case.(4)The order of the appellate authority in imposing or declining to impose in any case a penalty under this rule shall supersede any order passed by the disciplinary authority in respect of the same case.(5)The fact that a disciplinary authority has dropped a charge against a member of a service as not proved shall not debar the appellate authority from reviving it for reasons to be recorded in writing and taking suitable action on the charge so revived.
