DOI Page / Citation link:
https://doi.org/10.11588/diglit.68026#0252
246
APPENDIX :
Government of India Petition Rules, <&c.— cont.
Existing.
8. No notice will be taken of a petition relating
to any matter connected with the official prospects
or position of an officer still in the public service
unless it is submitted by the officer himself.
Section III.
/Is to the transmission or withholding of petitions by
Local Governments.
9. Every petition to the Government of India
should be forwarded by the Local Government
concerned with a concise statement of the material
facts and (unless there are special reasons for not
doing so) an expression of opinion.
If the petition is an appeal against an order of
dismissal from Government service, the papers
submitted by the Local Government should show
whether the charge against the petitioner was
reduced to writing ; and whether his defence was
taken and reduced to writing ; and whether the
decision was in writing. Where service or charac-
ter books are maintained these also should be
submitted.
10. When the petition is not in English, the
Local Government should transmit a translation
with it.
11. Local Governments are vested with discre-
tionary power to withhold petitions addressed to
the Government of India in the following cases: —
(1) When a petition is illegible or unin-
telligible.
(2) When a petition contains language which,
in the opinion of the Local Govern-
ment, is disloyal, disrespectful, or
improper.
(3) When a previous petition has been disposed
of by the Secretary of State for India
or the Governor-General in Council, and
the petition discloses no new facts or
circumstances which afford grounds for
a re-consideration of the case.
(4) When a petition is an application for
pecuniary assistance by a person mani-
festly possessing no claim.
(5) When a petition is an application for em-
ployment from a person not in the ser-
vice of Government; or is a request for
exemption from the provisions of any
Jaw or rule prescribing the qualifications
to be possessed by persons in the service
of Government or by persons engaging
in any profession or employment.
(6) When a petition is an appeal from a
judicial decision with which the execu-
tive has no legal power of interference.
Note 1.—In the following cases, namely :—
(«) When a petition is an appeal from a judicial
decision in a case in which the Government has
reserved any discretion of interference, or
(ft) When a petition is an appeal from a judicial
decision in a suit to which the Government was
party, or
(o) When a petition is practically a prayer for mercy
or pardon, or contains such a prayer,
the petition must be transmitted to the Government of
India, unless it falls under clause (13) of this rule.
Note 2.-—When a petition of the kind referred to in
clause (e) of Note 1 is addressed to the Government of
India after a previous petition has been rejected by the
Local Government, the petition must be transmitted,
unless the case is one of which the Local Government is
competent to dispose on its own responsibility under the
Proposed.
8. No notice will be taken of a petition relating
to any matter connected with the official prospects
or position of an officer still in the public service
unless it is submitted by the officer himself.
Section II.
As to the transmission or withholding of petitions.
9. In the absence of any special provision of law or of
rule haring the force of laiv, to the contrary, and in cases
not specifically provided for in the following rules, the
general principle governing appeals from Government
servants, or employes of a local authority, against orders
of dismissal, removal, reduction or other punishment, is
that the aggrieved official has the right of one appeal.
Where the decision of the authority ii fileting the punish-
ment is upheld on appeal, and unless the punishment is
enhanced by the appellate authority, no second appeal
lies as of right'against the appellate decision. When
the appellate authority, confirming the decision, enhances
the penally, the order in appeal, for the purposes of these
rules, should be regarded as an original punitive order.
10. If the petition is an appeal of the class
referred to in rule 9, the papers submitted by ci
Local Government should show whether the charge
against the petitioner was reduced to writing ;
whether his defence was taken and reduced to
writing ; and whether the decision was in writing.
Where service and character books are maintained
these also should be submitted.
11. Every petition to the Government of India
should be forwarded by the Local Government
concerned with a concise statement of the material
facts and (unless there are special reasons for not
doing so) an expression of opinion.
12. When the petition is not in English, the
Local Government should transmit a translation
with it.
13. Local Governments are vested with discre-
tionary power to withhold petitions addressed to
the Government of India in the following cases : —
(1) When a petition is illegible or unin-
telligible.
(2) When a petition contains language which,
in the opinion of the Local Government,
is disloyal, disrespectful, or improper
(3) When a previous petition has been disposed
of by the Secretary of State for India
or the Governor-General in Council, and
the petition discloses no new facts or
circumstances which afford grounds for
a re-consideration of the case.
(4) When a petition is an application for
pecuniary assistance by a person mani-
festly possessing no claim.
(5) When a petition is an application for em-
ployment from a person not in the
service of Government; or is a request
for exemption from the provision of any
law or rule prescribing the qualifications
to be possessed by persons in the service
of Government or by persons engaging
in any profession or employment.
(6) When a petition is an appeal from a
judicial decision with which the execu-
tive has no legal power of interference.
Note I.—In the following cases, namely-
(a) when a petition is an appeal from a judicial
decision in a case in which the Government
has reserved any discretion of interference, or
(J) when a petition is an appeal from a judicial
decision in a suit to which the Government
was a party, or
(c) when a petition is practically a prayer for mercy
or pardon, or contains such a prayer
the petition must be transmitted to the Government of
India, unless it falls under clause (12) of this rule.
Note 2.—When a petition of the kind referred to in
clause (o) of Note 1 is addressed to the Government of
India, after a previous petition has been rejected by the
Local Government, the petition must be transmitted,
unless the case is one of which the Local Government is
competent to dispose on its own responsibility under the
APPENDIX :
Government of India Petition Rules, <&c.— cont.
Existing.
8. No notice will be taken of a petition relating
to any matter connected with the official prospects
or position of an officer still in the public service
unless it is submitted by the officer himself.
Section III.
/Is to the transmission or withholding of petitions by
Local Governments.
9. Every petition to the Government of India
should be forwarded by the Local Government
concerned with a concise statement of the material
facts and (unless there are special reasons for not
doing so) an expression of opinion.
If the petition is an appeal against an order of
dismissal from Government service, the papers
submitted by the Local Government should show
whether the charge against the petitioner was
reduced to writing ; and whether his defence was
taken and reduced to writing ; and whether the
decision was in writing. Where service or charac-
ter books are maintained these also should be
submitted.
10. When the petition is not in English, the
Local Government should transmit a translation
with it.
11. Local Governments are vested with discre-
tionary power to withhold petitions addressed to
the Government of India in the following cases: —
(1) When a petition is illegible or unin-
telligible.
(2) When a petition contains language which,
in the opinion of the Local Govern-
ment, is disloyal, disrespectful, or
improper.
(3) When a previous petition has been disposed
of by the Secretary of State for India
or the Governor-General in Council, and
the petition discloses no new facts or
circumstances which afford grounds for
a re-consideration of the case.
(4) When a petition is an application for
pecuniary assistance by a person mani-
festly possessing no claim.
(5) When a petition is an application for em-
ployment from a person not in the ser-
vice of Government; or is a request for
exemption from the provisions of any
Jaw or rule prescribing the qualifications
to be possessed by persons in the service
of Government or by persons engaging
in any profession or employment.
(6) When a petition is an appeal from a
judicial decision with which the execu-
tive has no legal power of interference.
Note 1.—In the following cases, namely :—
(«) When a petition is an appeal from a judicial
decision in a case in which the Government has
reserved any discretion of interference, or
(ft) When a petition is an appeal from a judicial
decision in a suit to which the Government was
party, or
(o) When a petition is practically a prayer for mercy
or pardon, or contains such a prayer,
the petition must be transmitted to the Government of
India, unless it falls under clause (13) of this rule.
Note 2.-—When a petition of the kind referred to in
clause (e) of Note 1 is addressed to the Government of
India after a previous petition has been rejected by the
Local Government, the petition must be transmitted,
unless the case is one of which the Local Government is
competent to dispose on its own responsibility under the
Proposed.
8. No notice will be taken of a petition relating
to any matter connected with the official prospects
or position of an officer still in the public service
unless it is submitted by the officer himself.
Section II.
As to the transmission or withholding of petitions.
9. In the absence of any special provision of law or of
rule haring the force of laiv, to the contrary, and in cases
not specifically provided for in the following rules, the
general principle governing appeals from Government
servants, or employes of a local authority, against orders
of dismissal, removal, reduction or other punishment, is
that the aggrieved official has the right of one appeal.
Where the decision of the authority ii fileting the punish-
ment is upheld on appeal, and unless the punishment is
enhanced by the appellate authority, no second appeal
lies as of right'against the appellate decision. When
the appellate authority, confirming the decision, enhances
the penally, the order in appeal, for the purposes of these
rules, should be regarded as an original punitive order.
10. If the petition is an appeal of the class
referred to in rule 9, the papers submitted by ci
Local Government should show whether the charge
against the petitioner was reduced to writing ;
whether his defence was taken and reduced to
writing ; and whether the decision was in writing.
Where service and character books are maintained
these also should be submitted.
11. Every petition to the Government of India
should be forwarded by the Local Government
concerned with a concise statement of the material
facts and (unless there are special reasons for not
doing so) an expression of opinion.
12. When the petition is not in English, the
Local Government should transmit a translation
with it.
13. Local Governments are vested with discre-
tionary power to withhold petitions addressed to
the Government of India in the following cases : —
(1) When a petition is illegible or unin-
telligible.
(2) When a petition contains language which,
in the opinion of the Local Government,
is disloyal, disrespectful, or improper
(3) When a previous petition has been disposed
of by the Secretary of State for India
or the Governor-General in Council, and
the petition discloses no new facts or
circumstances which afford grounds for
a re-consideration of the case.
(4) When a petition is an application for
pecuniary assistance by a person mani-
festly possessing no claim.
(5) When a petition is an application for em-
ployment from a person not in the
service of Government; or is a request
for exemption from the provision of any
law or rule prescribing the qualifications
to be possessed by persons in the service
of Government or by persons engaging
in any profession or employment.
(6) When a petition is an appeal from a
judicial decision with which the execu-
tive has no legal power of interference.
Note I.—In the following cases, namely-
(a) when a petition is an appeal from a judicial
decision in a case in which the Government
has reserved any discretion of interference, or
(J) when a petition is an appeal from a judicial
decision in a suit to which the Government
was a party, or
(c) when a petition is practically a prayer for mercy
or pardon, or contains such a prayer
the petition must be transmitted to the Government of
India, unless it falls under clause (12) of this rule.
Note 2.—When a petition of the kind referred to in
clause (o) of Note 1 is addressed to the Government of
India, after a previous petition has been rejected by the
Local Government, the petition must be transmitted,
unless the case is one of which the Local Government is
competent to dispose on its own responsibility under the