The appellate authority must consider an appeal in accordance with the relevant rules, including considering the evidence and the appellant's case, and pass an order that addresses the relevant provisions of the rules.

Headnote:
CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965 - RULE 27 - APPELLATE AUTHORITY - DUTY TO CONSIDER APPEAL IN ACCORDANCE WITH RULES - FAILURE TO CONSIDER EVIDENCE AND APPELLANT'S CASE - ORDER QUASHED.
Fact of the Case:

Petitioner, a Projectionist in the Field Exhibition Office under the Directorate of Advertising and Visual Publicity, was removed from service after a departmental proceeding found him guilty of misconduct. He appealed to the Secretary to the Government of India, who rejected the appeal without considering the evidence or the appellant's case.
Finding of the Court:

The appellate authority did not consider the appeal in accordance with the rules, failed to consider the evidence and the appellant's case, and passed a cryptic order without addressing the relevant provisions of the rules.
Issues: Whether the appellate authority properly considered the appeal in accordance with Rule 27 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.
Ratio Decidendi: Rule 27(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 requires the appellate authority to consider whether the procedure laid down in the rules has been complied with, whether the findings of the disciplinary authority are warranted by the evidence, and whether the penalty imposed is adequate, inadequate, or severe. The appellate authority in this case failed to consider these factors and passed a cryptic order without addressing the relevant provisions of the rules.
Final Decision: The appellate order was quashed, and the appellate authority was directed to dispose of the appeal in accordance with law, considering the evidence and the appellant's case.

Pathak, C.J (Actg.)-

This petition under Article 226 of the Constitution of India is directed against the appellate order passed by the Secretary to the Government of India, Ministry Information and Broadcasting, New Delhi-1, on 10th September. 1974, in an appeal preferred by the petitioner against his order of removal from service. The impugned appellate order reads as follows:

"No. C-16013/1/74-Spl

GOVERNMENT OF INDIA

MINISTRY OF INFORMATION AND BROADCASTING,

Dated New Delhi-1, the 10th September. 1974.

ORDER

WHEREAS an inquiry under Rule 14 of the Central Civil Service (Classification, Control & Appeal) Rules, 1965 was held against Shri S. K. Majumdar, former Projectionist, Field Exhibition Unit, Gauhati in respect of the following charges :

(i) that he in connection with exhibition at Hojai, intentionally showed false attendance of the workers engaged in the exhibition in the muster foils and thereby facilitated showing of inflated payment of Rs. 230.50 and;

(ii) that he in connection with the exhibition at Haflong, Nowgong, Hojai and Karimganj, wrongfully arranged the transportation of exhibition materials at these places and also made payments and facilitated submission of false bills by the contractor claiming charges for the said transportation.

WHEREAS both the articles of charge were held proved by the Inquiry Officer;

WHEREAS the disciplinary authority considered the report of the Inquiry Officers carefully and issued a show cause notice to Shri Majumdar vide DAVP Memorandum No. 1/9/67-V(Vol. III) dated 16.5,1973 as to why the penalty of removal from service may not be imposed on him.

WHEREAS, after carefully considering the representation dated 11.6.1973 submited by Shri Majumdar in response to the above show cause notice, the disciplinary authority imposed the penalty of removal from service on Shri S. K. Majumdar vide DAVP's order No. 1/9/67-V dt. 249.73.

WHEREAS, Shri S. K. Majumdar, submitted an appeal dated 5.11.1973 to the undersigned against the aforesaid orders of the Director, Advertising and Visual Publicity;

AND WHEREAS the said appeal has been examined carefully by the undersigned and he finds no justification to interfere with the decision already taken in the matter by the Disciplinary Authority.

NOW, THEREFORE, the undersigned hereby orders that the appeal be rejected.

Sd/- A. J. Kidwai

Secretary to the Govt. of India

Copy to Shri S. K. Majumdar, Ex-Projectionist, Field Exhibition Unit, Gauhati (Through DAVP)."

2. A brief narration of the facts leading to the present petition are that the petitioner was appointed as Projectionist in 1960 and was attached to the Field Exhibition Office under the Directorate of Advertising and Visual Publicity, Ministry of Information and Broadcasting and was posted at Gauhati at the relevant time. On 25.1.68/4.2.68, the petitioner was placed under suspension on the ground that a Departmental proceeding was contemplated against him by order of Respondent No. 3, being No. 1/9/67-V. dated 25.1.68/4.2.68. Consequently the Articles of Charges were issued against the petitioner and they read as under:

"That the said Shri S. K. Mazumdar, while functioning as Projectionist at Field Exhibition Unit, Gauhati during 1967 did not maintain absolute intergrity and devotion to duty inasmuch as :

1. He, in connection with expenditure of holding exhibitions at Hojai intentionally showed false attendance of the workers, engaged in the exhibition, in the muster rolls relating to Vr. Nos. 12 dt. 29.7.67, 23 dt. 10.8.67, 19 dt. 8 8.67, 20 dt. 8.8.67 and 15 dt. 7.8.67 and thereby facilitated showing of inflated payment of Rs. 230.50 in respect of those vouchers;

2. He, in connection with the transportation of the exhibition materials at Haflong, Nowgong, Hojai and Karimganj wrongfully arratged the transportation of exhibition materials at those places and also made payments and facilitated submission of false bills by the contractor claiming charges for the the said transportation ;

And thereby contravened

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1982 Supreme(Gau) 94

GAUHATI HIGH COURTD.Pathak, T.C.Das, JJ.S.K.Mazumdar -AppellantVersusUnion of India & Ors. -RespondentCivil Rule No, 618 of 1974Decided On : 10-08-1982

The appellate authority must consider an appeal in accordance with the relevant rules, including considering the evidence and the appellant's case, and pass an order that addresses the relevant provisions of the rules.

GAUHATI HIGH COURT
D.Pathak, T.C.Das, JJ.
S.K.Mazumdar -Appellant
Versus
Union of India & Ors. -Respondent
Civil Rule No, 618 of 1974
Decided On : 10-08-1982