OCS Rules 29Chapter VI · Appeals

Section 29 · Consideration of Appeals

(1)

In the case of an appeal against an order imposing any of the penalties specified in Rule 13 the appellate authority shall consider -

(a)

whether the procedure prescribed in these rules has been complied with and, if not whether such non-compliance has resulted in violation of any provisions 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, after consultation with the Commission if such consultation is necessary in the case, 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 be 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 Clauses (vi) to (ix) of Rule 13 and an inquiry under Rule 15 has not already been held in the case the appellate authority shall/subject to the provisions of Rule 18, 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.

(2)

In the case of an appeal against any order specified in Rule 23 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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