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State of Uttar Pradesh - Section

Section 46 in U.P. Zila Panchayats Service Rules, 1970

46. Revision of order.

(1)At any time before the expiry of the six months from the date of communication of the final orders of the punishing authority where no appeal or representation, as the case may be, against such orders has been preferred or from the date of communication of the orders of the competent appellate authority (other than the State Government) on an appeal or a representation, as the case may be, the State Government may, call for the records of the case and such other material as may be necessary and then if, in the opinion of the State Government, there has been any miscarriage of justice on account of the misinterpretation of law or otherwise they may revise wholly or partly such orders of the punishing authority or the appellate authority, as the case may be, and the order so revised shall be final and binding on all concerned.
(2)The Commissioner of the Division may exercise powers similar to those prescribed in the foregoing sub-rule (1) unless-
(i)he himself has decided an appeal or representation of the person punished relating to the case; or
(ii)the State Government are seized of the case under this rule; or
(iii)the State Government would have been the Appellate Authority had an appeal or representation, as the case may be, been preferred in the case by the person punished; and the orders so revised by the Commissioner of the Division shall be final and binding on all concerned :
Provided that where the State Government or the Commissioner of the Division, as the case may be, propose to enhance any punishment already imposed, the person punished shall be given an opportunity of showing cause against the proposed enhancement.