The remedies after imposition of penalty – Appeal, Revision and Review

If an employee exhibits misconduct, he can be penalized under Central Civil Services (Classification, Control and Appeal) Rules. But, what if the penalty is too harsh? what if the penalty is imposed without any misconduct from the employee’s side? There comes the remedial measures – Appeal, Revision and Review.

Appeal

• As the name suggests, employee can prefer Appeal against the penalty, suspension, rate of subsistence allowance (that is paid during the period of suspension), withholding of pension.
• It can be preferred within 45 days from the date of receipt of penalty order, addressing to the Appellate Authority.
• The Appellate Authority varies from employee to employee basis his Group/ Cadre/ Department. For example, in case of Group ‘A’ or ‘B’ officer of a Central Civil Post, the Appointing Authority is the Appellate Authority, if the penalty is imposed by a subordinate, and in other cases it is the President. In case of Group C employees, the Appellate Authority is the immediate superior authority to the authority who imposed the penalty.

Revision and Review:

Revision:

• Even after appeal, if the employee is not satisfied or aggrieved, further remedy available to him is Revision under Rule 29 of CCS (CCA) Rules.
• Revision powers are available to the
  • (i) President;
  • (ii) Head of a Department if employee works under Govt. department or office;
  • (iii) Appellate Authority within six months of the date of the order proposed to be revised; Ex: If the Appellate Authority disposes an appeal on 01.01.2023, he can ‘revise’ this order before 30.06.2023 only. Beyond 6 months, he cannot exercise revision powers.
  • (iv) CAG in case of IA&AD Dept. employees;
  • (v) Member (Personnel) Postal Services in case of Postal Services Board employees;
  • (vi) Any other authority specified by the President.
• Revision can be made at any time either by the authority on its own motion or otherwise call for records of any inquiry and revise the order made under CCS (CCA) Rules.

‘Review’ and its comparison with ‘Revision’:

• In simple terms, the President can ‘Review’ any order made under CCS (CCA) Rules, including the Revision Order issued by Revisionary Authority (even the President’s own Revision Order can be ‘reviewed’ by the President)- Rule 29-A of CCS (CCA) Rules.
• The President at any time either on his own motion or otherwise, review any order passed under CCS (CCA) Rules when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come to his notice.
• This provision is available under Rule 29-A of CCS (CCA) Rules. As the rule number suggests, this rule is not available when the CCS (CCA) Rules were framed initially.

Why ‘Review’ provision is required when President himself has ‘Revision’ powers?

• When the CCS (CCA) Rules were framed for the first time in 1965, the provision for ‘Review’ does not exist.
• During 1970’s, in a disciplinary case, after exercising the Revisionary Powers under Rule 29 of CCS (CCA) Rules, 1965, the President has ‘reviewed’ his own ‘revision order’.
• In the year 1981, the Delhi High Court has passed a judgment holding that the President has power to review any order under the CCS (CCA) Rules, but, this power is in the nature of revisionary power and not in the nature of reviewing one’s own order.
• Due to the above ruling of the Delhi High Court, the Ministry of Home Affairs after consulting the Ministry of Law has observed that the Delhi High Court judgment indicate that the President cannot exercise his revisionary powers in a case where the power had already been exercised after full consideration of the facts and circumstances of the case.
• However, there is no objection to providing for a review to the President to revise the ‘revision order’ passed by him if some new fact or material having the nature of changing the entire complexion of case comes to his notice later. 
• Accordingly, a notification dated 6th August, 1981 was issued amending Rule 29 of CCS (CCA) Rules by inserting a new rule 29-A providing for ‘Review’ power to the President, to revise any order under CCS (CCA) Rules, including that of his own revision order.

Revision vs Review- Tabulation for easier understanding: