Section 5 in Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973
5. Appellate authority.
(1)Notwithstanding the provisions of regulation 4, the appellate authority may, in respect of any specific penalty, pass an order imposing penalty on a member of the service in any specified case.(2)Where, in any case, the appellate authority has imposed or declined to impose a penalty under this regulation, the disciplinary authority shall have no jurisdiction to proceed under this regulation 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 jurisdiction under this regulation in respect of the same case.(4)The order of the appellate authority in imposing or declining to impose in any case a penalty under this regulation shall supersede any order passed by the disciplinary authority in respect of the same case.(5)The fact that a disciplinary authority has 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 revived.
