Charlie Nicholas insists Scott Brown 'got away' with one after allegedly elbowing Aaron Tshibola.
And the former Celtic striker reckons the midfielder should be alongside Albian Ajeti.
Nicholas believes the appeal put in by Neil Lennon's men is frivolous and will be thrown out by the SFA when they appear in front of a tribunal.
Ajeti could be banned for two games if the panel deem him to have dived against Kilmarnock.
He went down under a challenge from Colin Doyle but Celtic wanted to fight the ban and insisted there was contact and he was fouled.
But Nicholas believes his old side are wrong to appeal and have no basis for it - and Celtic should be glad Brown isn't in the dock too.
In his Daily Express column, he said: "Ajeti was cited for diving to win a penalty at Kilmarnock.
"I didn't think there was any contact and I expect him to serve a suspension too.
"His Celtic team-mate Scott Brown got away with an elbow and the disciplinary set-up is like a lucky dip every weekend as to what will happen."
