Section 34 in Kerala Civil Services (Classification, Control & Appeal) Rules, 1960
34. State Government's power to review.
- Notwithstanding anything contained in these rules, the State Government may, on their own motion or otherwise, after calling for the records of the case, review any order passed by the High Court as appellate authority under these rules in disciplinary proceedings initiated against a member of the Kerala Civil Judicial Service or the Kerala Criminal Judicial Service or the Kerala Judicial Ministerial Service or the Kerala Last Grade Service referred to in the Note to Rule 23 of these rules or any original order or order on appeal passed by a subordinate authority under these rules or the rules repealed by rule 39 and, after consultation with the Commission where such consultation is necessary,-(a)confirm, modify or set aside the order;(b)impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;(c)remit the case to the authority which made the order or to any other authority directing such further action or inquiry as they consider proper in the circumstances of the case; or(d)pass such order as they deem fit:Provided that,(i)an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty;(ii)if the State Government propose to impose any of the penalties specified in items (v) to (ix) of rule 11 (1) on a case where an inquiry under rule 15 has not been held, they shall, subject to the provisions of rule 18, direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the person concerned an opportunity of making any representation which he may wish to make against such penalty, pass such orders as they may deem fit.
