1. What are the orders against which appeal lies?
A Government servant may prefer an appeal against the following:-
1) An order of suspension made or deemed to have been made.
2) An order imposing any of the penalties specified in Rule 11 whether made by the Disciplinary Authority or by any appellate or revising authority.
3) Any order which denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by the rules.
4) Any order reducing or withholding pension, gratuity etc.
5) Any order regarding regularization of period of suspension or deemed suspension and pay and allowances for the period.
2. Is there any provision to withdraw the appeal or petition already made?
The question of whether an appeal or a petition after it has been submitted should be allowed to be withdrawn or not is within the discretion of the authority to which the appeal or petition has been addressed. The discretion in the matter rests entirely with the competent authority.
3. What is the period of limitation of appeals?
No appeal shall be entertained unless such appeal is preferred within a period of 45 days from the date on which a copy of the order appealed against is delivered to the appellant.
The appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in times.
4. To whom appeal is to be preferred in case of a disciplinary order against an office bearer of an association or union in respect of activities as office bearer?
Such appeals may be preferred to the President.
5. What is form and contents of an appeal?
1) Every person preferring an appeal shall do so separately and in his own name.
2) The appeal shall be presented to the authority to whom the appeal lies, with a copy being forwarded by the appellant to the authority which made the order appealed against.
3) It shall contain all material statements and arguments on which the appellant relies upon, shall not contain any disrespectful or improper language and shall be complete in itself.
4) On receipt of a copy of the appeal , the authority which made the order appealed against shall forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the appellate authority.
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