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Section 24 – Coir Board Services (Classification, Control And Appeal) Bye-Laws,1969

Coir Board Services (Classification, Control And Appeal) Bye-Laws,1969

24. 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 bye-law 7 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 bye-law 8, the appellate authority shall consider

(a) whether the procedure prescribed in these bye-laws has been complied with, and if not, whether such non-compliance has resulted in the violation of any provision of the Constitution or in failure of justice;

(b) whether the findings are justified; and

(c) whether the penalty imposed is excessive, adequate or inadequate; and pass orders

(i) setting aside, reducing, confirming or enhancing the penalty; or

(ii) remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case:

Provided that

(i) the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appealed against is competent in the case to impose,

(ii) no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty; and

(iii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in Cls. (vj to (ix) of bye-law 8 and an inquiry under Cl. (4) of bye-law 12 has not already been held in the case, the appellate authority shall, subject to the provisions of bye-law 16, itself hold such inquiry or direct that such inquiry be held and thereafter, on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making any representation which he may wish to make against such penalty, pass such orders as it may deem fit.

(3) In the case of an appeal against any order specified in bye-law 21, the appellate authority shall consider all the circumstances of the case and pass such orders as it deems just and equitable.

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Coir Board Services (Classification, Control And Appeal) Bye-Laws,1969

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