Chapter VI APPEAL TO STATE APPELLATE AUTHORITY

11.

1. (1) Any person who does not receive a decision within the prescribed time frame or is aggrieved by a decision of the Designated Authority may, within thirty days from the expiry of such period or from the receipt of such a decision, prefer an appeal to the State Appellate Authority: Provided that the Authority may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time.
2. (2) The decision of the State Appellate Authority under this section shall be binding.

12.

1. (1) The State Government shall, by notification in the Official Gazette, constitute one or more State Appellate Authority to exercise the powers conferred on or imposed upon and to perform functions assigned to the Authority under this Act.
2. (2) A State Appellate Authority shall consist of such number of members, not exceeding three, as may be prescribed.

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

14. A person appointed as member of a Authority shall hold the 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:

Resignation and removal 16.

1. (1) Any member of the State Appellate Authority, may, by notice in writing under his hand addressed to the Chief Secretary to the Government, resign his office.
2. (2) Notwithstanding anything contained in sub-section (1), the State Government may by order remove from office a member if the member -
   • (i) is adjudged an insolvent; or
   • (ii) has been convicted of an offence which, in the opinion of the State Government involves moral turpitude; or
   • (iii) engages during his term of office in any paid employment outside the duties of his office; or
   • (iv) is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body; or
   • (v) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member.
3. (3) The State Government may, by rules, regulate the procedure for the investigation of misbehavior or incapacity of a member.

17.

1. (1) The Authority shall, for the purposes of its functions under this Act, 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:-
   • (i) summoning and enforcing the attendance of any person and examining him on oath;
   • (ii) discovery and production of any document or other material object producible as evidence;
   • (iii) receiving evidence on affidavits;
   • (iv) requisitioning of any public record;
   • (v) issuing commission for the examination of witnesses;
   • (vi) such other matter which may be prescribed.
2. (2) The 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 Act and of any rules made there under, the Authority shall have the power to regulate its own procedure.

18.

Staff and officers to be public servants 19.

Procedure of adjudication by State 20.

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

21.

Where grievance complained of is a result of corrupt practices 22. Where it appears to the 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 of the public authority complained against, then it shall record such evidence as may be found in support of such conclusion and shall refer the same to the appropriate authority.