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[Cites 0, Cited by 0] [Section 7] [Entire Act]

State of Tamilnadu - Subsection

Section 7(3) in Tamil Nadu Town Panchayat Establishment (Punishment and Appeal) Rules, 1988

(3)
(a)The appellate authority shall consider, -
(i)Whether the facts on which the order was based have been established;
(ii)Whether the facts established afford sufficient grounds for taking action; and
(iii)Whether the penalty is excessive, adequate or inadequate; and after such consideration, shall pass such order as it thinks proper.
(b)Any order or defect in the procedure followed in imposing a penalty may be discharged by the appellate authority if such authority considers, for reasons to be recorded in writing, that the error or defect was not material and has neither caused injustice to the person concerned nor affected the decision of the case.