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

(ii)remitting the case to the authority, which imposed or enhanced the penalty orto any other authority with such direction as it may deem fit in thecircumstances of the cases;Provided that –(i)(ii)(iii)if the enhanced penalty which the Appellate Authority proposes to impose is one of thepenalties specified in Clause (f) to (j) of Rule 33 and an inquiry under Rule 36 has notalready been held in the case, the Appellate Authority shall, subject to the provisions of Rule40, itself hold such inquiry or direct that such inquiry be held in accordance with theprovisions of Rule 36 and thereafter, on a consideration of the proceedings of such inquiryand make such orders as it may deem fit;if the enhanced penalty which the Appellate Authority proposes to impose is one of thepenalties specified in Clause (f) to (j) of Rule 33 and an inquiry under Rule 36 has been heldin the case, the Appellate Authority shall make such orders as it may deem fit after theappellant has been given a reasonable opportunity of making a representation against theproposed penalty; and,no order imposing an enhanced penalty shall be made in any other case unless the appellanthas been given a reasonable opportunity, as far as may be, in accordance with the provisionsof Rule 35, of making a representation against such enhanced penalty.(3) In an appeal against any other order specified in Rule 45, the Appellate Authority shallconsider all the circumstances of the case and make such orders as it may deem just andequitable.Rule 52.IMPLEMENTATION OF ORDERS IN APPEALThe authority, which made the order appealed against, shall give effect to orders passed by theAppellate Authority.Rule 53.POWER TO RELAX TIME-LIMIT AND TO CONDONE DELAYSave as otherwise expressly provided in these Rules, the authority competent under theserules to make any order may, for good and sufficient reasons, or if sufficient cause is shown,extend the time specified in these Rules for anything required to be done under these Rules orcondone any delay.Rule 54.REVIEW(1) Notwithstanding anything contained in these rules, the reviewing authority as specified inthe schedule, may at any time, either on his or its own motion or otherwise call for therecords of any inquiry and review any order made under these rules or under the rulesrepealed by Rule 58 from which an appeal is allowed, but from which no appeal has beenpreferred or from which no appeal is allowed and may -(a) confirm, modify or set aside the order; or(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose anypenalty where no penalty has been imposed; or(c) remit the case to the authority which made the order or to any other authoritydirecting such authority to make such further enquiry as it may consider proper inthe circumstances of the case; or38BSNL CDA RULES 2006 (Updated upto 24-01-2013)