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State of Uttar Pradesh - Section

Section 43 in U.P. Zila Panchayats Service Rules, 1970

43. Orders on appeal or representation by the appellate authority.

- The appellate authority shall consider-
(a)whether the facts on which the order was based have been established;
(b)whether the facts established afford sufficient ground for taking action; and
(c)whether the penalty imposed is excessive, adequate or inadequate and after such consideration shall pass such order, as it thinks proper ;
Provided that whenever any appellate authority proposes to enhance the punishment, the servant concerned shall be given an opportunity to show cause against the proposed enhancement.