Section 23 in Assam Service (Discipline and Appeal) Rules, 1964
23. Consideration of appeal.
(1)In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 6 and having regard to the circumstances and gravity of the case the order of suspension is justified or not and confirm or revoke the order accordingly.(2)In the case of an appeal against an order imposing any of the penalties specified in rule 7, the appellate authority shall consider -(a)Whether the procedure prescribed in these rules has been complied with, and, if not whether such non-compliance has resulted in violation of any provisions of the Constitution or in failure of justice;(b)Whether the findings are justified: and(c)Whether the penalty imposed is excessive, adequate or inadequate;And, after consultation with the Commission if such consultation is necessary in the case, pass orders-(i)Setting aside, reducing, confirming or enhancing 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 appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appalled against is competent in the case to impose;(ii)[ If the enhanced penalty which the appellate authority proposes to impose in one of the penalties specified in Clause (iv) to (vii) of rule 7 and an inquiry under rule 9 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 10, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions or rule 9 and thereafter, on consideration of the proceedings of such inquiry make such orders as it may deem fit;] [Sustituted vide notification No. ABP111/80/1, dated 28/03/1980](iii)If the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (iv) to (vii) of rule 7 and an inquiry under rule 9 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 10, itself hold such inquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making any representation which he may wish to make against such penalty, pass such orders as it may deem fit.(3)In the case of an appeal against any order specified in rule 16 the appellate authority shall consider all the circumstances of the case and pass such orders as it deems just and equitable.(4)While the considering an appeal it will not be necessary to hear the officer in person by the appellate authority.
