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State of Madhya Pradesh - Section

Section 120 in The M.P. Krishi Upaj Mandi (Mandi Nidhi Lekha Tatha Rajya Vipnan Sewa Kl Gathan Kl Riti Tatha Anya Vishaya) Niyam, 1980

120. Procedure for disposal of appeals.

(1)An appeal may summarily be dismissed if :
(a)it is not submitted in accordance with Rule 119;
(b)no appeal lies under these rules;
(c)it is not submitted in the prescribed time limit and no reasonable cause is shown for the delay;
(d)it is repetition of a previous appeal which has been decided and no new facts or circumstances are adduced which afford ground for a consideration of the case :
Provided that in every case in which appeal is dismissed, the appellant shall be informed of the facts and reasons for it.
(2)If the appeal is admitted the State Government or the Appointing Authority may call for a report and record of the case from the authority against whose order the appeal has been filed. The State Government or the Appointing Authority shall then consider whether :
(a)the facts established, afford sufficient grounds for taking action;
(b)the facts on which the order was based have been established;
(c)the penalty is adequate, inadequate or excessive;
And after such consideration may remand any case for further enquiry or decision or may pass any other order that may be deemed just and proper :Provided that the penalty imposed shall not be enhanced by the State Government or the Appointing Authority unless opportunity has been given to the appellant to show cause against the proposed enhancement :Provided further that no order shall be passed to the prejudice of any person until he has been given a reasonable opportunity of being heard.
(3)
(a)The State Government or the Appointing Authority may allow any officer of the Market Committee deputed by the Chairman for the purpose to appear before him in any appeal and to watch and represent the interest of the Market Committee.
(b)The State Government or the Appointing Authority allow the Market Committee and/or the employees concerned to be represented by a Market Committee.