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Bare acts > All India Services (Discipline and Appeal) Rules, 1969 > Rule 25
 
  


 

25. Memorials.- (1) A member of the Service shall be entitled to submit a memorial to the President against any order of the Central Government or the State Government by which he is aggrieved within a period of three years from the date of the passing of such order.

Explanation.- In this sub-rule, the expression 'member of the Service' includes a person who has ceased to be a member of the service.

(2) Every such memorial shall be authenticated by the signature of the memorialist and submitted by the memorialist on his own behalf.

(3) Every memorial submitted under these rules shall-

(a) contain all material statements and arguments relied up by the memorialist;

(b) contain no disrespectful or improper language;

(c) be complete in itself; and

(d) end with a specific prayer.

(4) If the memorial is against the orders of a State Government, it shall be submitted through the State Government concerned and if the memorial is against the orders of the Central Government, it shall be submitted through the Ministry or the authority concerned in the Central Government, and the State Government concerned, or as the case may be, the Ministry or authority in the Central Government shall forward the same together with a concise statement of facts material thereto and, unless there are special reasons to the contrary, with an expression of its opinion thereon:

Provided that if the memorialist is for the time being serving under a State Government, or under a Ministry or an authority in the Central Government, which has not passed the orders against which the Memorial is submitted then, the memorial shall be submitted through that State Government, or that Ministry or authority in the Central Government, under which he is for the time being serving.

(5) A memorial submitted under the proviso to sub-rule (4) shall be referred to the State Government, or as the case may be, to the Ministry or authority in the Central Government, against whose orders the memorial is submitted, and the State Government concerned or, as the case may be, the Ministry or authority in the Central Government, shall return the memorial together with a concise statement of facts material thereto, and, unless there are special reasons to the contrary, with an expression of its opinion thereon.

(5A) If the memorial is against an order imposing any of the penalties specified in rule 6, no such order shall be revised except after consultation with the Commission.

(6) The authority against whose orders a memorial is submitted under this rule shall give effect to any order passed thereon by the President.

 

 

 

 

 

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