 |
|
|
|
|
|
|
||||||
|
 |
 |
|
|
||||||||
|
|
|||||||||||
 |
 |
|
||||||||||
 |
|
|||||||||||
|
||||||||||||
9. Appeal and revision. (1) Any 7[enrolled member] of the Force aggrieved by an order made under section 8 may, within thirty days from the date on which the order is communicated to him, prefer an appeal against the order to such authority as may be prescribed, and 8[subject to the provisions ofsub-section (2A), sub-section (2B) and sub-section (3)], the decision of the said authority thereon shall be final: Provided that the prescribed authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) In disposing of an appeal, the prescribed authority shall follow such procedure as may be prescribed. 9[(2A) Any enrolled member of the Force aggrieved by an order passed in appeal under sub-section(1) may, within a period of six months from the date on which the order is communicated to him, prefer a revision petition against the order to such authority as may be prescribed and in disposing of the revision petition, the said authority shall follow such procedure as may be prescribed. 1. Subs. by Act 14 of 1983. s. 8, for sub-section (1) (w.e.f. 15-6-1983). 2. Subs. by Act 22 of 2009, s. 5, for certain words (w.e.f. 10-1-2009). 3. Ins. bys. 5, ibid. (w.e.f. 10-1-2009). 4. Subs. by Act 14 of 1983, s. 8, for "Central Government" (w.e.f. 15-6-1983). 5. Subs. by Act 20 of 1989, s. 3, for "suspend" (w.e.f. 18-5-1989). 6. Ins. by Act 40 of 1999, s. 5 (w.e.f. 29-12-1999). 7. Subs. by Act 14 of 1983, s. 13 and the Schedule, for "member" (w.e.f. 15-6-1983). 8. Subs. by Act 40 of 1999, s. 6, for "subject to the provisions of sub-section (3)"(w.e.f. 29-12-1999). 9. Ins. by s. 6, ibid. (w.e.f. 29-12-1999). (2B) The authority, as may be prescribed for the purpose of this sub-section, on a revision petition preferred by an aggrieved enrolled member of the Force or suomoto, may call for, within a prescribed period, the records of any proceeding under section 8 or sub-section (2) or sub-section (2A) and such authority may, after making inquiry in the prescribed manner, and subject to the provisions of this Act, pass such order thereon as it thinks fit.] (3) The Central Government may call for and examine the record of any proceeding 1[under section 8, 8, sub-section (2), sub-section (2A) or sub-section (2B)] of this section and may make such inquiry or cause such inquiry to be made and subject to the provisions of this Act, may pass such order thereon as it thinks fit: Provided that no order imposing an enhanced penalty under sub-section (2) or sub-section (3) shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order.    |
||||||||||||
|
||||||||||||
|
||||||||||||
 |
|
|||||||||||
 |
|
 |
|
|||||||||
Back