Chapter (XX)
Appeal
218. In departmental equiry, the service personnel who is dissatisfied with the disciplinary penalty imposed under rule 209 or any order and decision is entitled to submit an appeal.
Union Civil Service Board
Union Civil Service Board
Civil Service Personnel Law and Rules, Civil Service Affairs
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218. In departmental equiry, the service personnel who is dissatisfied with the disciplinary penalty imposed under rule 209 or any order and decision is entitled to submit an appeal.
219. The records of verbal statements of the witnesses in departmental enquiry and the copy of report of the Departmental Enquiry Board shall be provided when the service personnel who wants to submit an appeal requests thereof.
220. If the service personnel dissatisfied with the penalty imposed in departmental enquiry or any order and decision, he may submit an appeal as prescribed in Form (12) to the head who is superior to the disciplinary authority who imposed the original penalty or passed the order or made decision within six months from the date on which the order is received. The appeal submitted after limited period shall not ordinarily be considered. However, the time limit for an appeal may be relaxed if the appellant is able to summit a sufficient reason for the delay. The appeal may be accepted and tried.
221. In submitting an appeal:
(a) a summary of the case shall be described;
(b) the facts leading to the appeal and other supporting facts shall be included;
(c) the appeal shall contain no disrespectful and improper language against the relevant service personnel organization;
(d) the appellant himself shall sign the appeal;
(e) a copy of the order related to the case shall be attached;
(f) the appeal must be submitted to the head who is superior to the disciplinary authority who impose the original penalty or passed the order or made the decision.
222. In respect of the exercise of appellate power:
(a) the appeal board chaired by the head who is superior to the disciplinary authority who imposed the penalty or passed the order is entitled to make a judgement on the appellate which lies against that penalty or order. If the head of the Ministry or the organization has been involved in imposing the original penalty or passing the order, the appellate board shall be chaired by the said head and composed of the other two members who have not been involved in the disciplinary action;
(b) the appeals shall be considered and brought to an end at the level of relevant ministry and organization except the appeal by the head of the Ministry and the organization;
(c) the different appellate authority shall be specified in respective service personnel organizations.
223. In receipt of an appeal request form, the relevant head shall form the appellate board to consider the appeal:
(a) In respect of the formation of the appellate board:
(i) the appeallate board is composed of a total of three members – the chairperson and two members. If it is necessary to appoint the service personnel from the other organization in the board, it may be done in coordination with the relevant service personnel organization;
(ii) the members of the board must not be lower rank than the appellant. The board shall not comprise the persons who were involved in the preliminary enquiry, departmental enquiry, the persons who have personal interest in the case, or who are connected with the case;
(b) either when the appeal is found necessary to take time to be heard or when there are a large number of appeals to be heard, in respect of forming the appeal review board with the Form (13)by relevant the head of the service personnel organization and assigning it to analyse:
(i) the appeal review board shall comprise a total of three members – the chairperson and two members. The members of this board shall not be lower rank than the appellant. If it is necessary to appoint the service personnel from the other organization in the board, it may be done in coordination with the relevant service personnel organization;
(ii) the appeal review board shall submit their findings, remarks and recommendations as prescribed in Form (14) to the head who has formed the board and assigned the task.
224. In reviewing an appeal:
(a) the appeal request may be dismissed when the appeal request form does not comply with the provisions prescribed in the rules 220 and 221 or it is found out to be the repetition of the previous appeal which has already been done with no new facts;
(b) if the appeal request form complies with the provisions prescribed in the rules 220 and 221 and has grounds for entertaining it, the appeal request shall be accepted;
(c) if the appeal is applied to the impose of disciplinary penalty:
(i) it shall be scrutinized whether or not the procedures are right and whether there is justice or not in the departmental enquiry;
(ii) it shall be scrutinized whether the judgement that the service personnel is guilty complies with the relevant laws, rules, regulations and bye-laws and whether there are sufficient evidence according to the documents and accounts related to the case;
(iii) it shall be scrutinized whether the penalty is more severe than it should be and whether there is conformity between the penalty and the gravity of the offence committed.
(d) if the appeal is against the order of suspension or the order affecting the pay, allowance, duty hours and calculation of term of service for the purpose of pension, it is to be considered whether such order should be amended or not.
225. In making a judgement on an appeal by the appellate board:
(a) if the preliminary enquiry or the departmental enquiry are found not to comply with the laws, bye-laws, rules and regulations and do not appear to be right and just, it may be decided to enquire the case again;
(b) if it is considered that there is no grounds for setting aside the judgement that the service personnel is guilty and the penalty imposed against him, the appeal may be dismissed;
(c) if it is found the judgment that the service personnel is guilty is made without sufficient evidence, the offence and penalty may be set aside and the service personnel may be acquitted;
(d) if it is considered that the penalty is more servere than the offence, it may be altered to punish to a less severe one;
(e) the penalty imposed in the original proceedings shall not be enhanced in an appeal;
(f) the pay, allowance, duty hours, calculation of term of service for the purpose of pension for the suspension period when the service personnel is away from duty may be changed as appropriate.
226. The judgement made in an appeal is final and conclusive.
227. The judgements made in the preliminary enquiry and departmental enquiry shall be written in Table (5) and it shall be sent to the head who is entitled to make a judgement in an appeal in accord with the rule 222.
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