Departmental Appeal under E&D Rules

DEPARTMENTAL APPEAL BEFORE THE authority_designation department_name city

DEPARTMENTAL APPEAL UNDER THE GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE) RULES 1973

Appeal No. appeal_number of year Date: filing_date

Appellant: appellant_name, appellant_rank Service: appellant_service Office: appellant_office, city Versus Respondent: awarding_authority_name department_name

VERSUS

1. The appellant hereby files this departmental appeal against the order dated order_date passed by awarding_authority_name, department_name, imposing the penalty of penalty_type on the appellant. The appeal is filed within the prescribed period of thirty days from the date of communication of the impugned order.

2. The appellant is aggrieved by the order dated order_date whereby the awarding_authority_name has imposed the penalty of penalty_type on the appellant. A copy of the impugned order is attached hereto as Annexure-A.

3. The appellant submits the following grounds in support of this appeal:

4. The impugned order has been passed without affording the appellant adequate opportunity to present the defence and to rebut the allegations levelled against him. Specifically:

LIMITATION: The present appeal is filed within the period of limitation prescribed by the parent statute, computed from the date of communication of the impugned order to the appellant. The certified copy of the impugned order has been obtained and is annexed.

PRAYER

5. (a) The notice sent to the appellant regarding the disciplinary proceedings was vague and did not clearly specify the charges against him.

6. (b) The appellant was not provided with sufficient time to prepare and submit written submissions.

7. (c) The inquiry was conducted in a manner that was biased and prejudicial to the appellant.

8. (d) The appellant's defense, as submitted in writing on defence_submission_date, was not properly considered while passing the order.

9. The violation of natural justice principles renders the impugned order null and void.

10. The findings recorded by the awarding_authority_name are based on erroneous facts and misinterpretation of evidence. Specifically:

11. (a) The allegation that the appellant alleged_misconduct is factually incorrect. The appellant was actual_position on the date in question.

12. (b) Documentary evidence attached hereto as Annexure-B clearly establishes that the appellant had supporting_circumstance.

13. (c) The testimony of witness witness_name, which forms the basis of the impugned order, is unreliable and was contradicted by two other witnesses whose statements are attached as Annexure-C.

14. Even if the allegations were to be considered established, the penalty imposed is disproportionately severe. The appellant's service record spanning years_of_service years has been spotless with achievements_and_commendations. For a first instance of the alleged breach, the penalty of penalty_type is manifestly excessive and violates principles of proportionality.

15. Comparable cases in the department, as detailed in Annexure-D, show that similar misconduct has been dealt with through lesser penalties. The inconsistency in punishment warrants interference by the appellate authority.

16. The awarding_authority_name has misapplied the Government Servants (Efficiency and Discipline) Rules 1973 while imposing the penalty. Specifically:

17. (a) The rule cited for imposing the penalty (Rule cited_rule) is not applicable to the alleged misconduct.

18. (b) The procedure for imposing minor penalties as outlined in the Rules has not been followed. The appellant was not given the opportunity to respond to the charge memo before the penalty was imposed.

19. (c) The grounds specified for the penalty under the Rules do not match the factual circumstances of the present case.

20. In light of the above grounds, the appellant submits that the impugned order is unsustainable in law and fact and warrants setting aside. The appellant seeks full exoneration and restoration of rank and seniority.

21. Alternatively, if the authority_designation is of the opinion that some misconduct has been established, the appellant requests that the penalty be reduced to alternative_penalty which would be proportionate to the nature of the alleged breach.

WHEREFORE, the appellant respectfully prays that this Hon'ble authority_designation may be pleased to: (a) Allow this appeal; (b) Set aside the order dated order_date passed by awarding_authority_name; (c) Declare the appellant exonerated from the charges; (d) Direct the restoration of all arrears, seniority, and other benefits withheld due to the imposition of the penalty; (e) Alternatively, reduce the penalty from penalty_type to alternative_penalty; (f) Pass such further orders as this Hon'ble authority_designation may deem fit and proper in the circumstances of the case.

VERIFICATION

I, appellant_name, do hereby solemnly declare that the contents of the above appeal are true and correct to the best of my knowledge, information, and belief. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Ordinance, 1960.

Signed: ___________________ Name: appellant_name Rank: appellant_rank Office: appellant_office Date: filing_date Place: filing_place