Appellate duty under service rules requires reasoned review; mechanical rejection of a departmental appeal was quashed.

The Gauhati HC held that an appellate authority under departmental service rules must independently examine procedural compliance, the evidentiary basis of the disciplinary findings, and the proportionality of the penalty, as well as the grounds raised in appeal. An order that merely states there is no reason to interfere, without addressing the statutory factors or the memorandum of appeal, amounts to mechanical disposal and fails the appellate duty imposed by the rules. The impugned appellate order was therefore unsustainable in law and was quashed, with a direction to decide the appeal afresh in accordance with law.

---

---

Issues: Whether the appellate order rejecting the departmental appeal was vitiated for failure to consider the requirements of the governing service rules and the grounds raised in appeal.

Analysis: The appellate authority was required to examine compliance with procedure, the evidentiary basis of the disciplinary findings, and the adequacy of the penalty under the service rules governing departmental appeals. The impugned order merely stated that there was no justification to interfere, without showing consideration of the statutory factors, the evidence, or the grounds raised in the memorandum of appeal. Such a mechanical disposal amounted to no real appellate consideration and was inconsistent with fair procedure and the appellate duty imposed by the rules.

Conclusion: The appellate order was unsustainable in law and was quashed, with a direction to dispose of the appeal afresh in accordance with law.

---