Section 28 in Jharkhand Government Servants (Classification, Control & Appeal) Rules, 2016
28. Consideration of appeal.
(1)In the case of an appeal against an order of suspension, the appellate authority shall consider whether in view of the provisions of rule 9 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke or modify the order accordingly.(2)In the case of an appeal against an order imposing any of the penalties specified in rule 14, the appellate authority shall consider -(a)whether the procedure laid down in these Rules has been complied with and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;(b)whether the findings of the Disciplinary Authority are warranted by the evidence on the record; and(c)whether the penalty imposed is adequate, inadequate or severe; and pass orders -(i)confirming, enhancing, reducing, or setting aside 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 -(i)the Commission shall be consulted in all cases where such consultation is necessary;(ii)if the enhanced penalty which the appellate authority propose to impose is one of the penalties specified in clauses (i) to (iv) of rule 14 and an inquiry under rule 17 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 19, himself hold such inquiry or direct that such inquiry be held in accordance with the provisions of rule 18 and thereafter on a consideration of the proceedings of such inquiry and after giving the appellant a reasonable opportunity, as far as may be in accordance with the provisions of clause (ii) of rule 18, of making a representation against the penalty proposed on the basis of the evidence adduced during such inquiry, make such orders as it may deem fit;(iii)if the enhanced penalty which the appellate authority propose to impose is one of the penalties specified in clauses (i) to (iv) of rule 14 and an inquiry under rule 17 has already been held in the case, the appellate authority shall, make such orders as it may deem fit, after the appellant has been given a reasonable opportunity of making a representation against the proposed penalty; and(iv)no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be, of making a representation against such enhanced penalty.(3)The appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.Part - VIII Miscellaneous
