Section 9:
Appeal and revision.
(1) Any1[enrolled member] of the Force aggrieved by an order made
under section 8 may, within thirty days from the date on which the order is communicated to him, prefer
an appeal against the order to such authority as may be prescribed, and 2
[subject to the provisions of
sub-section (2A), sub-section (2B) and sub-section (3)], the decision of the said authority thereon shall be
final:
Provided that the prescribed authority may entertain the appeal after the expiry of the said period of
thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in
time.
(2) In disposing of an appeal, the prescribed authority shall follow such procedure as may be
prescribed.
3
[(2A) Any enrolled member of the Force aggrieved by an order passed in appeal under
sub-section (1) may, within a period of six months from the date on which the order is communicated to
him, prefer a revision petition against the order to such authority as may be prescribed and in disposing of
the revision petition, the said authority shall follow such procedure as may be prescribed
(2B) The authority, as may be prescribed for the purpose of this sub-section, on a revision petition
preferred by an aggrieved enrolled member of the Force or suomoto, may call for, within a prescribed
period, the records of any proceeding under section 8 or sub-section (2) or sub-section (2A) and such
authority may, after making inquiry in the prescribed manner, and subject to the provisions of this Act,
pass such order thereon as it thinks fit.]
(3) The Central Government may call for and examine the record of any proceeding 4
[under section 8,
8, sub-section (2), sub-section (2A) or sub-section (2B)] of this section and may make such inquiry or
cause such inquiry to be made and subject to the provisions of this Act, may pass such order thereon as it
thinks fit:
Provided that no order imposing an enhanced penalty under sub-section (2) or sub-section (3) shall be
made unless a reasonable opportunity of being heard has been given to the person affected by such order.
Notes:
1. Subs. by Act 14 of 1983, s. 13 and the Schedule, for "member" (w.e.f. 15-6-1983).
2. Subs. by Act 40 of 1999, s. 6, for "subject to the provisions of sub-section (3)"(w.e.f. 29-12-1999).
3. Ins. by s. 6, ibid. (w.e.f. 29-12-1999).
4. Subs. by Act 40 of 1999, s. 6, for "under section 8 or under sub-section (2)" (w.e.f. 29-12-1999)