Section 41 in The M.P. Municipal Service (Executive) Rules, 1973
41. Procedure for disposal of appeals.
(1)An appeal may summarily be dismissed if-(a)it is not submitted in accordance with Rule 40;(b)no appeal lies under these rules;(c)it is not submitted within the prescribed time limit and no reasonable cause is shown for the delay;(d)it is a repetition of a previous appeal which has been decided and no new facts or circumstances are adduced, which afford ground for a reconsideration 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, State Government may call for a report and record of the case from the authority against whose orders the appeal has been filed. The State Government shall then consider whether-(a)the facts established afford sufficient ground for taking action;(b)the facts on which the order was based have been established;(c)the penalty is adequate 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 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 may allow any Officer of the Municipal Council deputed by the President for the purpose to appear before them in any appeal and to watch and represent the interest of the Council.(b)The State Government may, in special cases, allow the Council and/or the employees concerned to be represented by a Council.
