Section 5 in The Coimbatore Corporation Services (Discipline and Appeal) Rules, 1986
5. Appellate authority.
(1)Notwithstanding anything contained in rule 4, the appellate authority may in respect of any specific penalty pass, an order imposing penalty on member of the service in any specified case.(2)Where in any case the appellate authority had imposed or declined to impose a penalty under this rule, the disciplinary authority shall have no jurisdiction to proceed under these rules in respect of the same case.(3)The fact that a disciplinary authority has imposed or declined to impose a penalty in any case shall not debar the appellate authority from exercising his powers under this rule in respect of the same case(4)The order of the appellate authority imposing or declining to impose a penalty in any case under this rule shall supersede any order passed by ] the disciplinary authority in respect the same case.(5)The fact that a disciplinary authority had dropped a charge against a member of the 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 revised.
