Section 19 in The Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988
19. Consideration of appeal.
(1)In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of Rule 4 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.(2)In the case of an appeal against an order imposing any of the penalties specified in Rule 5 or enhancing any penalty imposed under the said rule, the appellate authority shall consider-(a)whether the procedure laid down in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any provision of the Constitution of India or in the failure of justice ;(b)whether the findings of the punishing authority are warranted by the evidence on the record; and(c)whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe; and pass order, -(i)confirming, enhancing, reducing or setting aside the penalty ; or(ii)remitting the case to authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case :Provided that -if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of Rule 5 and an inquiry under Rule 8 has not already been held in the case, the appellate authority shall subject to the provisions of Rule 13 itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 8 and thereafter, on a consideration of the proceedings of such inquiry shall make such orders as it may deem fit ;(iii)if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of Rule 5 and an inquiry under Rule 8 has already been held in the case, the appellate authority shall make such orders as it may deem fit, and(iv)no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity as far as may be in accordance with the provisions of Rule 10 of making a representation against such enhanced penalty.
