Failure to consider mandatory statutory criteria under Rule 27(2) of the CCA Rules vitiates appellate orders.

The petitioner, a Constable in the Chhattisgarh Armed Force, was terminated from service by Respondent No. 4 via an order dated 24.04.2015

The petitioner subsequently filed an appeal before the Appellate Authority (Respondent No. 3), which was dismissed on 19.10.2015, affirming the termination

The petitioner challenged the appellate order before the High Court of Chhattisgarh, contending that the Appellate Authority failed to comply with the mandatory requirements of Rule 27(2) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966

Whether the Appellate Authority, while dismissing the petitioner's appeal, complied with the mandatory procedural requirements stipulated under Rule 27(2) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966

The court applied Rule 27(2) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966

This rule mandates that an appellate authority must consider: (a) whether the prescribed procedure was followed and if non-compliance resulted in a violation of the Constitution or failure of justice; (b) whether the disciplinary authority's findings are supported by evidence on record; and (c) whether the penalty imposed is adequate, inadequate, or severe

The court examined the appellate order and found that the Appellate Authority failed to satisfy the criteria established under Rule 27(2)

Specifically, the court noted that the Appellate Authority dismissed the appeal summarily by merely stating that the petitioner failed to produce anything to warrant interference with the disciplinary order

The court reasoned that such a perfunctory approach neglected the statutory duty to independently evaluate the procedural compliance, evidentiary basis, and proportionality of the punishment

This failure to adhere to the statutory mandate was held to have caused serious prejudice to the petitioner

The court remitted the matter to the Appellate Authority (Respondent No. 3) with directions to hear and dispose of the appeal afresh in strict accordance with Rule 27(2) of the Rules of 1966 within a period of three months from the date of receipt of the order