Chapter V APPELLATE AUTHORITY

1. (1) Any person aggrieved by a decision of the Designated Authority may, within thirty days from the date of receipt of the order, prefer an appeal to the Appellate Authority: Provided that Appellate Authority may admit the appeal after the expiry of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. (2) Any auto-appeal before the Appellate Authority under sub-section (5) of section 9 shall be deemed to be an appeal under this section.
3. (3) The decision of the Appellate Authority under this section shall be binding.

1. (1) The Administrator shall, by notification, constitute one or more the Appellate Authority to exercise the powers conferred upon, and perform the functions assigned to it, under this Regulation.
2. (2) The Appellate Authority shall consist of three members and the senior most member shall be the Chairman of the Appellate Authority.

A person shall not be qualified for appointment as a member of the Appellate Authority unless he is, or has been, an officer holding or having held a post in the rank of, or equivalent to, Secretary, Principal Secretary, Additional Chief Secretary or Chief Secretary to the Administration.

1. (1) A person appointed as a member of the Appellate Authority shall hold office for a term of three years from the date on which he enters upon office or until he attains the age of sixty-five years, whichever is earlier.
2. (2) The salary and allowances payable to, and the other terms and conditions of service of, a member of the Appellate Authority shall be such as may be prescribed: Provided that if a member, at the time of his appointment, is in receipt of pension, other than a disability pension or family pension, in respect of any previous service under the Union Government or a State Government or a Union territory Administration, his salary in respect of service as member of the Appellate Authority shall be reduced by the amount of that pension, including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits, excluding pension equivalent of retirement gratuity: Provided further that if a member, at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any Central Act, State Act or Regulation, or in a Government company owned or controlled by the Administration, his salary in respect of the service as member shall be reduced by the amount of pension equivalent to the retirement benefit:

Resignation and removal

1. (1) Any member of the Appellate Authority, may, by notice in writing under his hand addressed to the Administrator, resign his office.
2. (2) Notwithstanding anything contained in sub-section (1), the Administrator may, by order, remove a member from office if he—
   • (a) is adjudged an insolvent; or
   • (b) has been convicted of an offence which, in the opinion of the Administrator, involves moral turpitude; or
   • (c) engages, during his term of office, in any paid employment outside the duties of his office; or
   • (d) is, in the opinion of the Administrator, unfit to continue in office by reason of infirmity of mind or body; or
   • (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member:

Powers of Appellate Authority

1. (1) The Appellate Authority shall, for the purposes of its functions under this Regulation, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) discovery and production of any document or other material object producible as evidence;
   • (c) receiving evidence on affidavits;
   • (d) requisitioning any public record;
   • (e) issuing commissions for the examination of witnesses; and
   • (f) such other matters as may be prescribed.
2. (2) The Appellate Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this Regulation and the rules made thereunder, shall have power to regulate its own procedure.

The Appellate Authority shall arrange to deliver copies of its decision to the parties concerned.

1. (1) The Appellate Authority shall, upon adjudication of an appeal, have the power to issue directions requiring the public authority to take such steps as may be necessary to render the public service in compliance with the notification issued under section 4.
2. (2) It shall be the duty of the Appellate Authority to receive and inquire into an appeal or complaint from any person—
   • (a) who has been unable to submit an appeal to the Designated Authority;
   • (b) who has been refused to redress the grievance under this Regulation;
   • (c) whose complaint or appeal has not been disposed of within the specified time limit; or
   • (d) in respect of any other matter relating to registering, processing, hearing or redressing of a complaint or appeal under this Regulation.

In any appeal proceeding under this Regulation, the burden of proving that the public service was not wrongfully denied or delayed, or that the grievance was duly redressed, or that the delay or rejection was due to sufficient and reasonable cause, shall lie on the Designated Officer concerned, Grievance Redressal Officer or such other officer or person of the public authority as may be responsible for such denial, delay or redressal.

Where it appears to the Appellate Authority that the grievance complained of is prima facie indicative of a corrupt act or practice in terms of the Prevention of Corruption Act, 1988 on the part of the responsible officer or person of the public authority complained against, it shall record such evidence as may be found in support of such conclusion and shall refer the matter to the appropriate authority.