Legal Question in Administrative Law in India

service law

CCA rules provides for an appeal against the imposition of penalty. In an appeal so filed, the appellate authority can confirm, modify, revoke or enhance the sentence. Does it not amount to place the appellant in a worse position than he was in before appeal if the appeal were to end in enhancement of the penalty? Does the rule of equity and natural justice permit it?


Asked on 12/17/07, 10:44 pm

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: service law

Your case is quiet interesting but yes if natural justice is denied you may go for a writ.

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Answered on 12/23/07, 7:16 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: service law

Your case is quiet interesting but yes if natural justice is denied you may go for a writ.

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Answered on 12/23/07, 7:17 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: service law

Your case is quiet interesting but yes if natural justice is denied you may go for a writ.

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Answered on 12/23/07, 7:17 am
G. M. Gupta gmguptaandassociates

Re: service law

it is done to ensure that the person coming to this court is sure that he has good case and a wrong has been done to him.

if natural justice is denied u can go for writ

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Answered on 12/20/07, 1:56 am
Mahesh Gupta Medico-legal Advocates and Consultants

Re: service law

There is nothing wrong in this. An appellant has no right to get a favourable judgment or not to get an unfavourable judgment. When an appeal is made to the Supreme Court, against the sentence of life imprisonment, the court can acquit, impose capital punishment or refuse to interfere, depending upon the law and facts in the case.

M C Gupta

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Answered on 12/17/07, 11:22 pm


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