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Imptht Mai The Gazette of India: Affrrwritr
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EXTRAORDINARY
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PART —Section 3—Sub-section (i)
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II - 603 3(i)1 TITiq TI 't1TIV : smarm • 13
ANISTRY OF PERSONNEL, PUBLIC GRIEVAN- (k) "Tribunal" means the Central Adminis-
CES AND PENSIONS trative Tribunal established under sub-
section (1) of section 4 of the Act ; •
(Department of Personnel & Training)
(1) the words and expression used and not
New Delhi, the 6th January, 1987 defined in these rules but defined in the
NOTIFICATION Act shall have the same meanings res-
pectively assigned to them in the Act.
G.S.R. 17(E).—In exercise of the powers confer- 3. Language of the • Tribunal.—The language of
red by clauses (d), (e) and (f) of sub-section (2) of the Tribunal shall be English :
section 35 and clause (c) of section 36 of the Adminis-
trative Tribunals Act, 1985 (13 of 1985) and Provided that the parties to a proceeding before
supersession of the Central Administrative Tribunal the Tribunal may file documents drawn up in Hindi,
(Procedure) Rules, 1985, except as respects things if they so desire ;
done or omitted to be done before such supersession,
the Central Government hereby makes the following Provided further that (a) a Bench may, in its dis-
rules, namely :- cretion permit the use of Hindi in the proceedings.
(1) Short title and commencement :- However, the final order shall be in English ;
(1) These rules may be called the Central (b) the Bench, hearing the matter, may in Mt dis-
cretion, direct English translation of pleadings and
Administrative Tribunal (Procedure)
Rules, 1987. documents to be filed.
(2) 'i hey shall come into force on the Fifteenth 4. Procedure for filing applications :-
day of January, 1987. (1) An application to the Tribunal shall be pre-
(2) Detinitions.—In these rules, unless the con- sentetki in Form I by the applicant in person
text otherwise requires :- or by an agent or by a duly authorised
legal practitioner to the Registrar or any
(a) - Act" means the Administrative Tribunals other officer authorised in writing by the
Act, 1985 (13 of 1985) ; Registrar to receive the same or be sent
(b) "agent" means a person duly authorised .by registered post with acknowledgement
due addressed to the Registrar of the Bench
by a party to present an application or concerned.
a written reply on its behalf before the
"Tribunal ; (2) The application under sub-rule (1) shall be
(c) "applicant' means a person making an presented in triplicate in a paper-book
form alongwith one unused file size enve-
application to the Tribunal under section lope bearing full address of the respondent.
19;
(3). Where the number of respondents is more
(d) "Form" means a form specified in Ap-
pendix A ; than one, as many extra copies of the appli-
cation in paper-book form as there are res-
• (e) "Legal practitioner"• shall have the same pondents together with unused -file size
meaning as is assigned to it in the Advo- envelope bearing the full address of each
cates Act, 1961 (25 of 1961) ; respondent shall be furnished by the ,aPPli-
cant :
(f) "Legal representative" means a person Provided that where the number of
who in law represents the estate of the respondents is more than five, the Registrar
deceased; may permit the applicant to file thee extra
(g) "Registrar" means in relation to the Tri- copies of the application at the of
bunal the Registrar appointed to the issue of notice to the respondents.
Principal Bench and in relation to each (4) The applicant may attach to and present
of the other Benches of the Tribunal with his application a receipt slip in Form
shall mean the RegiStrar appointed to 11 which shall be signed by the Registrar
the particular Bench and include any or the Officer receiving the application on
officer to whom the powers and functions behalf of the Registrar in acknowledgement
of the Registrar may be delegated under of the receipt of the application.
clauses (2) and (3) of rule 28 ;
(5) (a) Notwithstanding anything contained in
(h) "Registry" means the Registry of the sub-rules (1) to (3). the Tribunal .may
Tribunal or of the Bench of the Tribunal permit more than one person to join to-
as the case may be
gether and file a single application if it
(i) "Section" means a section of the Act ; is satisfied, having regard to the cause
of action and the nature of relief prayed
(j) "Transferred application" means the suit for, that they have a commo n interest
in the matter.
or other proceeding which has been trans-
ferred to the Tribunal tinder sub-section (b) Such permission may also be granted to
(1) or sub-section (2) of Section 29 ; an association representing the persons
desirous of joining in a single application
THE GAZETTE OF INDIA : EXTRAORDINARY [PART 3(1)1
provided, however, that the application post office of the station where the said Bench is
shall disclose the classigradeicategories situate.
of persons on whose behalf it has been
filed. Provided that where the Tribunal permits a single
application to be filed, either by more than one
5.. Presentation and scrutiny of applications ;- person or by an Association, the fee payable shall
(1) The Registrar, or the officer authorised by be rupees fifty.
him under rule 4, shall endorse on every Provided further that where the Tribunal is satis-
application the date on which it' is presented field that an applicant is unable to pay the prescribed
or deemed to have been presented under fee on ground of indigence, it may exempt such an
that rule and shall sign the endorsement. applicant from the payment of fee.
(2) If, on scrutiny, the application is found to S. Contents of application. —(1) Every application
be in order, it shall be duly registered and tiled under rule 4 shall set forth concisely under
given a serial number. distinct heads the grounds for such application. Such
(3) If the application, on scrutiny, is found to grounds shall be numbered consecutively. Every
be defective and the defect noticed is for- application, including any miscellaneous application
mal in nature, the Registrar may allow the shall be typed in double space on one side on thick
party to testify the same in his presence, paper of good quality.
and if the said defect is not formal in
nature, the Registrar may allow the appli- (2) It shall not be necessary to present a separate
cant such time to rectify the defect as he application to seek an intetrim order or direction if
may deem fit. in original application the same is prayed for.
(3) An applicant may, subsequent to the filing of
(4) If the applicant fails to rectify the defect an application under section 19 of the Act, apply
within the time allowed under sub-rule (3), for an interim order or direction. Such an applica-
the Registrar may, by order and for reasons tion shall, as far as possible, be in Form-III.
to be recorded in writing, decline to register
the application and inform the applicant 9. Documents to accompany the application.—(1)
accordingly. Every application shall be accompanied by a paper-
book containing :
( 5) An appeal against the order passed under
sub-rule (4) may be preferred by the person (i) an attested true copy of the order against
aggrieved within fifteen days from the date which the aplication is flied ;
of such order to the Chairman in the case
of Principal. Bench and to the Vice-Chair- (ii) copies of the documents relied upon by the
man concerned, in the case of any other applicant and referred to in the application;
Bench and such appeal may be dealt with (iii) an index of the documents.
and disposed of in Chamber by the Chair-
man or the Vice-Chairman concerned or (2) The documents referred to in sub-rule (1) may
in their absence, any Member authorised be attested by a legal practitioner or by a gazetted
by the Chairman by special or general officer and each document shall be marked serially
order, whose decision thereon shall be final. as Annexure Al, A2, A3 and so on.
6. Place of filing applications.—The application (3) Where an application is filed by an agent,
shall ordinarily be filed by the applicant with the documents authorising him to act as such agent shall
Registrar of the Bench within whose jurisdiction also be appended to the application :
(i) the applicant is posted for the time being, Provided that where an aplication is filed by a
or legal practitioner, it shall be accompanied
by a duly executed Wakalatnama%
(ii) the cause of action has arisen, or
(iii) the respondent or any of the respondents 10. Plural remedies.—An application shall be
against whom relief is sought, ordinarily based upon a single cause of action and may seek
resides. one or more reliefs provided that they are conse-
Provided that the application may be filed with the quential to one another.
Registrar of the Principal Bench and, subject to sec-
titon 25 of the Act, such application may be trans- 11. Service of notices and processes issued by the
mitted to be heard and disposed of by the Bench Tribunal :
which has jurisdiction over the matter. (1) Any notice or process to be issued by the
7. Application fee.—Every application filed with Tribunal may be served by any of the
the Registrar shall be accompanied by a fee of rupees following modes directed by the Tribunal :
fifty to be remitted either in the form of crossed de- (i) service by the party himself ;
mand draft on a nationalised bank in favour of the
Registrar of the concerned Bench and payable at the (ii) by hand delivery (Dasti) through a pro-
main Branch of that bank at the station where the cess server ;
seat of the said Bench is situate. or remitted through a
crossed Indian Postal Order drawn in favour of the (iii) by registered post with acknowledge-
Registrar of the concerned Bench and payable at the ment due ; or
IlrrTr
2 (1)1 Tri-LF 'TT TT774 3,17 UTTur
15
(iv) through the head of the department con- notice of application upon all the respon-
cerned by any one of the above modes. dents, it may, for reasons to be recorded
in writing, direct that the application shall
(2) Where notice issued by the Tribunal is
be heard notwithstanding that some of the
served by the party himself by 'hand respondents have not been served with
delivery' (Dasti), he shall file with the notice of the application
Registry of the Tribunal, the acknowledge-
ment, together with an affidavit of service.
Provided that no application shall be heard
unless,
(3) Notwithstanding anything contained in sub-
rule (1) the Tribunal may, taking into (i) notice of the application has been served
account the number of respondents and on the Central Government or the State
their places of residence or work and other Government, if such Government is a
circumstances, direct that notice of the respondent ;
application shall be served upon the res- (ii) notice of the application has been served
pondents in any other manner, including
any manner of substituted service, as it on the authority which passed the order
appears na the Tribunal just and convenient. against which the application has been
filed ; and
(4) Notwithstanding anything done under sub- (iii) the Tribunal is satisfied that the interests
rule (1), the Tribunal may in its discretion, of the respondents on whom notice of
having regard to the nature and urgency the application has not been served are
of the case, direct the service of the notice adequately and sufficiently represented
on the Standing Counsels appointed as such by the respondents on whom notice of
by the Central Government or any Depart- the application has been served.
ment of the Central Government.
12. Filing of reply and other documents by the
(5) Every notice issued by the Tribunal shall, respondents :-
unless otherwise ordered, be accompanied (1) Each respondent intending to contest the
by a copy of the application alongwith a
copy of the paper-book. application, shall file in triplicate the reply
to the application and the documents relied
(6) Every applicant shall pay a fee for the ser- upon in paper book form with the Registry
vice or execution of processes, in respect within one month of the service of notice
of the application on him.
of an application where the number of res-
pondents exceeds five, as under :—
(2)
In the reply filed under sub-rule (1), the
0) a sum of rupees five for each respondent respondent shall sloe-el/kat/re
admit deny
in excess of five respondents ; .or or explain the facts stated by the applicant
in his application and may
a/so state such
additional facts as may be found necessary
(11 where the service is in such a manner as for the just decision of the
the Tribunal may direct under sub-rule case. It shall
be signed and verified as a written state-
(3) such a sum, not exceeding the actual
charges incurred in effecting the service, ment by the respondent or any other per-
as may be determined by the Tribunal. son duly authorised by him in writing in .
the same manner as
provided for in Order
(7) tie fee for the service or execution of pro- VT rule 15 of the Code of Civil Procedure,
1908 (5 of 1908).
Lesses under sub-rule (3) shall be remitted
n the manner prescribed in rule 7 within (3)
o ne week of the date of the order deter- The document's referred to in sub-rule (2)
mining the fee or within such extended shall also be filed alongwith the reply and
time as the Registrar may permit. the same shall be marked as RI, R2, R3
and so on.
(8) Notwithstanding anything contained in sub-
rules (1) to (4), if the Tribunal is satisfied (4)
The respondent shall also serso a copy of
that it is not reasonably practicable to serve the reply alongwith documents as
mentioned
in sub-rule (1) on the applicant or his
legal
THE GAZETTE OF LNDIA : EXTRAORDINARY [PART II-SEC. 3(1)]
16
practitioner, if any, and file proof of such such hearing May be adjourned, the applii-
service in the Registry. cant appears and the respondent does not
.
appear when the aplication is called for
(5) The Tribunal may allow filing of the reply hearing, the Tribunal may, in its discretion
after the expiry of the prescribed period. adjourn the hearing or hear and decide the
application ex-parte.
13. Date and place of hearing to be notified.—The
Tribunal shall notify to the parties the date and the
(2) Where an application has been heard ex-
place of hearing of the application in such manner
parte against a respondent or respondents,
as the Chairman may by general or special order
such respondent or respondents may apply
direct. to the Tribunal for an order to set it ankle
and if such respondent or respondents,
14. Calendar of cases :- satisfy the Tribunal that the notice was not
(1) Each Bench shall draw up a calendar for duly served, or that he or they were pre-
the hearing of transferred cases and, as far vented by any sufficient cause from appear-
as possible. hear and decide the cases ing when the application was called for
according to the calendar. hearing the Tribunal may make an order
setting aside the ex-parte hearing as against
him or them upon such terms as it thinks
(2) Every application shall be heard and decided, fit, and shall appoint a day for proceeding
as far as possible, within six months from
with the application :
the date of its registration.
(3) The Tribunal shall have the power to decline Provided that where the ex-parte
an adjournment and also to limit the time hearing of the application is of such nature
for oral arguments. that it cannot be set aside as against one
respondent only it may be set aside as
against all or any of the other respondents
15. Action on application for applicant's default:— also :
(1) Where on the date fixed for hearing of the
application or on any other date to which Provided further that in cases covered
such hearing may be adjourned, the appli- by sub-rule (8) of rule 11. the Tribunal
cant does not appear when the application shall not set aside ex-parte hearing of an
is called for hearing, the Tribunal may, in application merely on the ground that it
its discretion, either dismiss the application was not served upon a respondent or res-
for default or hear and decide it on merit. pondents.
(ii) The orders shall be pronounced in open (2) A legal practitioner desirous of registering
his clerk shall make an application to the
court.
Registrar in Form IV. On such application
21. Publication of orders.—Any order of the Tri- being allowed by the Registrar, his name
bunal deemed fit for publication in any authoritative shall be entered in the Register of Clerks.
report cr the press may be released for such publica-
tion on such terms and conditions as the Chairman (3) After registration of the clerk, the Regis-
trar shall direct the issue of an identity
or the Vice-Chairman concerned may specify by
card to him which shall be non-transferable
general or special order.
and shall be produced by the holder upon
22. Communication of orders to parties :- request by an officer or other employees
of the Tribunal authorised in this behalf.
(I) Every interim order granting or refusing or The identity card shall be issued under the
modifying interim relief and final order signature of the Deputy Registrar of the
passed on any application shall be com- Bench concerned.
municated to the applicant and to the res-
pondent concerned either by hand delivery
(4) A register of all the clerks registered under
or by registered post free of cost. sub-rule (2) shall be maintained in the
office of the Registrar of each Bench.
(2) If the applicant or the respondent to any
proceeding requires a copy of any document
or proceeding the same shall be supplied (5) A legal practitioner shall have at a time
not more than two registered clerks unless
to him on such terms and conditions on the Registrar by general or special order
payment of such fees as may be fixed by
othertwise permits.
the Chairman by general or special order.
(6) Whenever a legal practitioner ceases to
23. Inspection of the records :— employ a registered clerk, he shall notify
the fact at once to the Registrar by means
(1) The parties to any case or their Counsel of a letter enclosing therewith the identity
may be allowed to inspect the record of the card issued to his clerk by the registry, and
case on making an application in writing to on receipt of such letter the name of the
the Registrar. said registered clerk shall be struck off from
the register.
(2) Subject to such terms and conditions as 26. Working hours of the Tribunal.—Except on
may be prescribed by the Chairman by a Saturdays, Sundays and other public holidays, the
general or special order a person who is office of the Tribunal shall, subject to any order made
not a perty to the proceeding, may also be by the Chairman remain open from 9.30 AM Vo
allowed to inspect the proceedings after 6 PM.
1419 G1/86-3
la THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEc. 3(i)1
—r
27. Sitting hours of the fribunal.—The sitting
(v) to direct any formal amendment of records;
hours of the Tribunal (including a vacation Bench)
shall ordinarily be from 10.30 a.m. to 1.30 p.m. and (vi) to order grant of copies of documents to
2.30 p.m. to 5 p.m. subject to any general or special parties to the proceedings ;
order made by the Chairman, or by Vice-Chairman (vii) to grant leave to inspect the records of the
concerned with the prior approval of the Chairman. Tribunal ;
28. Powers and functions of the Registrar :— (viii) to dispose of all matters relating to the
(1) The Registrar shall have the custody of the service of notices or other processes, appli -
records of the Tribunal and shall exercise cations for the issue of fresh notices and
such other functions as are assigned to him for extending the time for filing such appli-
under these rules or by the Chairman or cations and to erant time not exceeding
the Vice-Chairman of the Bench concerned 15 days for filing a reply or rejoinder if
by separate order. any, and to place the matter before the
Bench for appropriate ordets after the
(2) The Registrar may, with the approval of expiry of the aforesaid period ;
the Chairman or of the Vice-Chairman of
ffie Bench concerned delegate to the Deputy (ix) to requisition records from the custody of
Registrar any function or power required any court or other authority ;
by these rules to be performed Or exercised (x) to receive applications within thirty days
by the Registrar. from the date of death for substitution of
legal representatives of the deceased parties
(3) In the absence of the Registrar, the Deputy
cluthig the pendency of the application ;
Registrar may exercise all the powers and
functions of the Registrar. (xi) to receive and dispose of applications for
substitution, except where the substitution
(4) The official seal shall be kept in the custody
would involve setting aside an order of
of the Registrar. abatement.
(5) Subject to any general or special direction (xii) to receive and dispose of applications by
by the Chairman, the seal of the Tribunal parties for return of documents.
shall not be affixed to any order, summons
or other process save under the authority 30. Additional powers of the Registrar of the
in writing of the Registrar or the Deputy Principal Bench.—The Registrar of Principal Bench
Registrar. shall have the power to call for information and
(6) The seal of the Tribunal shall not be affixed records and to" inspect or cause to be inspected the
to any certified copy issued by the Tribunal registry of the other Benches under general or special
save under the authority in writing of the orders as may be issued by the Chairman from time
to time.
Registrar or the Deputy Registrar. .
31. Seal and emblem.—The official seal and emblem .
29. Additional ,powers and duties of Registrar.—
oftheTribunals ctheCnralGov-
In addition to the powers conferred elsewhere in
ment may specify.
these rules, the Registrar shall have the following
powers and duties subject to any general or special 32. Dress of the Members and staff of the Tribu-
order of the Chairman or the Vice-Chairman of the nal.—The dress for the Members of the Tribunal
Bench concerned, namely :— (including Chairman and Vice-Chairman) and Mem-
(i) to receive all applications and other docu- bers of the staff of the Tribunal shall be such as the
Chairman may specify.
ments including transferred applications : 33. Dress of the parties.---A legal practitioner or,
(ii) to decide all questions arising out of the as the case may be, a presenting officer shall appear
scrutiny of the applications before they are before the Tribunal in his professional dress, if any
registered ; and if there is no such dress •
(iii) to require any application presented to the
(i) if a male, in a closed collared coat and
Tribunal to be amended in accordance
with the Act and the rules : trousers or in a lounge suit ;
(iv) subject to the direction of the respective (ii) if a female in a caret or any other custo-
Benches, to fix the date of first hearing of mary dress of a sober colour.
the applications or other proceedings and
issue notices thereof ; [No. A-12018!4!86-AT]
S. K. PARTHASARATHY, It. Secy.
Vim' II--arias (i)] mea Till•744 : arFnEn'tin 19
APPENDIX A FORM
FORM I
(See rule 4)
APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985
Title of the Case •
INDEX
S: No. Description of documents relied upon Page No.
1. Application
2.
3.
4.
5.
DETAILS OF APPLICATION :
Dated :
Place :
To
The Registrar,
FORM II
For Registrar
Central Administrative Tribunal
Bench
Date .
Seal :
22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 1I—Sec. 3(i)]
IN THE CENTRAL ADMINISTRATIVE 'TRIBUNAL
--BENCH
FROM III
[See rule 8(3)]
Misc. Application No of
in
Original
Transferrd Application No 4 Or i 9
XXX Applicant
(Applicant/Respondent
• Vs.
YYY Respondent
(Respondent/Applicant)
FORM IV
[See rue 25(2)]
APPLICATION FOR THE REGISTRATION OF A CLERK '
1. Name of legal practitioner on whose behalf the clerk is to be registered.
2. Particulars of the clerk to be registered.
Signature of Clerk
kin -ruiTY )1 Trrq ; 31ITTWITIT 23
• 3 ,, Whether the legal practitioner has a clerk already registered in his employ
and whether the clerk sought to be registered is in lien of or in addition to
the clerk already registered.
4. Whether the clerk sought to be registered is already registered as a clerk of
any other legal practitioner and if so, the name of such practitioner.
(legal practitioner)
certify that the particulars given above are true to the best of my information and belief and that I am not aware of any fact which
would render unsuitable the registration of the said (name)
as a clerk. Further, I enclose Postal Order for Rs. 2 50 being the cost of Identity Card alongwith 2 passport size Photographs of the
applicant duly attested by me.
To
The Registrar,
Central Administrative Tribunal,
Bench,
MINTED BY THE MANAGER, GOVT. OF INDIA PRESS, RING ROAD, NEW DELHI- 110064
AND PUBLISHED BY THE CONTROLLER OP PUBLICATIONS, DELHI-110054, 1987