Panchayat:Repo18/Law Manual Page0603

From Panchayatwiki
employee, the Panchayat may at any time reconsider his suspension and he may be reinstated to the employment.

(6) The President shall complete the enquiry against the concerned employee within three months of issue of suspension order and shall submit the enquiry report for the consideration of the Panchayat.

(7) The Panchayat may decide after considering the enquiry report to drop the disciplinary action in the name of the employee or as the case may be, to initiate disciplinary action under Rule 4 or to forward the enquiry report under Rule 10 to appointing authority or Government, as the case may be.

(8) In the case where the Panchayat is imposing a minor penalty or dropping disciplinary action in the name of an employee and if the suspension of employee has not been withdrawn till then, together with imposing of minor penalty or dropping the disciplinary action, the suspension shall be withdrawn and how the period of suspension has to be treated shall be determined according to Rule 56 Part I of the Kerala Service Rules, 1959.

(9) In the case where the enquiry report under Rule 10 is sent to appointing authority or Government, as the case may be and if the suspension has not been withdrawn till then the suspension shall be continued or withdrawn as per the direction of the appointing authority or Government.

9. Appeal and re-examination.-(1) The officer concerned may file an appeal in the form annexed as Appendix 2 to these rules against the order issued by the President or Secretary as the case may be, on behalf of the Panchayat imposing minor penalty on an officer under sub-rule (1) of Rule 7, before an officer authorised by the Government for this purpose within thirty days on: receipt of such order:

Provided that if the authority is satisfied that there is sufficient reason for not filing the appeal within the specified time, the appeal received after the time may be considered.

(2) On receipt of the appeal under sub-rule (1), the authority authorised shall call for and examine the connected records and shall after hearing in person the officer who preferred the appeal and the President on behalf of the Panchayat or any other person authorised by the Panchayat who imposed the penalty which being the ground for appeal, confirm, modify or cancel the order imposing such penalty or issue such orders as may deem fit.

(3) The Government may require the records relating to every order issued under sub-rule (2) either suo-moto or on application and may reconsider such order and pass appropriate order regarding it as they may deem fit: Provided that no application for reconsideration of an order shall be considered if it is received by the Government after thirty days from the date of receipt of such order by the applicant: Provided further that, an order adversely affecting an officer shall not be passed by the Government without giving an opportunity of being heard: Provided also that the Government shall not suo-moto reconsider an order after one year from the date of the order.