Section 26 in Assam Service (Discipline and Appeal) Rules, 1964
26. Governor's power to review.
- Notwithstanding anything contained in these rules, the Governor may, on his own motion or otherwise call for the records of the case and review any order which is made or is appeallable under these rules or the rules repealed by rule 28 and, after consultation with the Commission where such consultation is necessary -(a)Confirm, modify or set aside, the order;(b)Impose any penalty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 he considers proper in the circumstances of the case; or(d)Pass such other orders as he deems fit:[Provided that no order imposing or enhancing any penalty shall be made unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in Clauses (iv) to (vii) of rule 7 or to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in these Clauses, no such penalty shall be imposed except after an inquiry in the manner laid down in rule 9 and except after consultation with the Commission where such consultation is necessary.] [Sustituted vide notification No.ABP 111/80/1, dated 28/03/1980]
