CONDUCT, DISCIPLINE AND APPEAL RULES 2006 - BSNL ...

Rule 49. WITHOLDING OF APPEAL :(1) The authority which made the order appealed against may withhold the appeal if:(a) it is an appeal against an order for which no appeal lies or:(b) it does not comply with any of the provisions of Rule 48(c) it is not submitted within the period specified in Rule 47 and no reasonablecause is shown for the delay: or(d) it is a repetition of an appeal already decided and no new facts or circumstancesare adduced:Provided that an appeal withheld on the ground only that it does not comply with theprovisions of Rule 48 shall be returned to the appellant, and if resubmitted within one monththereof after compliance with the said provisions, shall not be withheld.(2) Where an appeal is withheld, the appellant shall be informed of the facts and reasonsthereof.(3) At the commencement of each quarter, a list of the appeals withheld by anyauthority during the previous quarter, together with the reasons, for withholdingthem, shall be furnished by that authority to the Appellate Authority.Rule 50. TRANSMISSION OF APPEAL :(1) The Authority which made the order appealed against shall, without anyavoidable delay transmit to the Appellate Authority every appeal, which is notwithheld under Rule 49 together with its comments thereon and the relevantrecords.(2) The authority to which the appeal lies may direct transmission to it of anyappeal withheld under Rule 49 and thereupon such appeal shall be transmittedto that Authority together with the comments of the authority withholding theappeal and the relevant records.Rule 51.CONSIDERATION OF APPEAL(1) In the case of an appeal against an order of suspension, the Appellate Authorityshall consider whether in the light of the provisions of Rule 30 and havingregard to the circumstances of the case, the order of suspension is justified ornot and confirm or revoke the order accordingly.(2) In the case of an appeal against an order imposing any of the penalties specifiedin Rule 33 or enhancing any penalty imposed under the said rules, the AppellateAuthority shall consider –(a) whether the procedure laid down in these rules has been complied with, andif not, whether such non-compliance has resulted in the violation of anyprovisions of the Constitution of India or in the failure of justice;(b) whether the findings of the Disciplinary Authority are warranted by theevidence on the record; and(c) whether the penalty or the enhanced penalty imposed is adequate,inadequate or severe;and pass orders –(i) confirming, enhancing, reducing, or setting aside the penalty; or37BSNL CDA RULES 2006 (Updated upto 24-01-2013)