THE CENTRAL ADMINISTRATIVE TRIBUNAL
(PROCEDURE) RULES, 1987
In exercise of the powers conferred by clauses (d), (e) and (f) of sub-section (2) of section 35 and clause (c ) of section 36 of the Administrative Tribunals Act, 1985 (13 of 1985) and in supersession of the Central Administrative Tribunals (Procedure) Rules, 1985, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-
1. Short title and commencement - (1) These rules may be called the Central Administrative Tribunal(Procedure) Rules, 1987. It shall come into force on the Fifteenth day of January, 1987. 2. Definitions In these rules, unless the context otherwise requires, - (a) “Act” means the Administrative Tribunals Act, 1985 (13 of 1985); (b) “agent” means a person duly authorized by a party to present an application, written reply, rejoinder or any other document on its behalf before the Tribunal; (c) “applicant” means a person making an application to the Tribunal under section 19; (d) “Form” means a form specified in Appendix A; (e) “legal practitioner“ shall have the same meaning as is assigned to it in the Advocates Act, 1961 (25 of 1961); (f) “legal representative” means a person who in law represents the estate of the deceased person and includes a person or persons in whom the right to receive pensionary, retirement, terminal or other benefits or family pension vests; (g) “Registrar”, in relation to the Tribunal, means the Registrar appointed to the Principal Bench and in relation to each of the other Benches of the Tribunal shall mean the Registrar appointed to whom the powers and functions of the Registrar may be delegated under clauses (2) and (3) of rule 28; (h) “Registry” means the Registry of the Tribunal or of the Bench of the Tribunal as the case may be; (i) “section” means a section of the Act; (j) “Transferred application” means the suit or other proceeding which has been transferred to the Tribunal under sub-section (1) or sub-section (2) of section 29; (k) “Tribunal” means the Central Administrative Tribunal established under sub-section (1) of section 4 of the Act ; (l) the words and expression used and not defined in these rules, but defined in the Act shall have the same meanings respectively assigned to them in the Act.
3. Language of the Tribunal - (1) The language of the Tribunal shall be English: Provided that the parties to a proceeding before the Tribunal may file documents drawn up in Hindi, if they so desire: Provided further that (a) a Bench may, in its discretion permit the use of Hindi in the proceedings; (b) the Bench, hearing the matter may in its discretion direct English translation of pleadings and documents to be filed; (c ) the Benches may, in their discretion, make final orders either in Hindi or in English. (2) Notwithstanding anything contained in sub-rule (1), where a final order is made in Hindi, and authenticated English translation thereof shall simultaneously be prepared and kept on record.
4. Procedure for filing applications. (1) An application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorized legal practitioner to the Registrar or any other officer authorized in writing by the Registrar to receive the same or be sent by Registered Post with Acknowledgement duly addressed to the registrar of the Bench concerned. (2) The application under sub-rule (1) shall be presented in triplicate in the following two compilations- (i) Compilation No. 1. - application along with the impugned order, if any ; (ii) Compilation No. 2. - all other documents and annexures referred to in the application in a paper book form. (3) Where the number of respondents is more than one, as many extra copies of the application in paper-book form as there are respondents together with unused file size envelope bearing the full address of each respondent shall befurnished by the applicant : Provided that where the number of respondents is more than five, the Registrar may permit the applicant to file the extra copies of the application at the time of issue of notice to the respondents.
(4) The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar or the officer receiving the application on behalf of the Registrar in acknowledgement of the receipt of the application.
(5) (a) Notwithstanding anything contained in sub-rules (1) to (3) the Tribunal may permit more than one person to join together and file a single application if it is satisfied, having regard to the cause and the nature of relief prayed for that they have a common interest in the matter. (b) Such permission may also be granted to an Association representing the persons desirous of joining in a single application provided, however, that the application shall disclose the class/grade/categories or persons on whose behalf it has been filed [provided that at least one affected person joins such an application]
5. Presentation and scrutiny of applications. - (1) The Registrar, or the officer authorized by him under rule 4, shall endorse on every application the date on which it is presented or deemed to have been presented under that rule and shall sign the endorsement. (2) If, on scrutiny, the application is found to be in order, it shall be duly registered and given a serial number. (3) If the application, on scrutiny, is found to be defective and the defect noticed is formal in nature, the Registrar may allow the party to satisfy the same in his presence, and if the said defect is not formal in nature, the Registrar may allow the applicant such time to rectify the defect as he may deem fit [where an application is received by registered post, the applicant shall be informed of the defects, if any, and he shall be required to rectify the same within such time as may be stipulated by the Registrar]: Provided that the time allowed by the Registrar to rectify the defects shall not exceed thirty days. (4) (a) If the applicant fails to rectify the defect within the time allowed under sub- rule (3), the Registrar may, by order and for reasons to be recorded in writing, decline to register the application and place the matter before the Bench for appropriate orders.]
6. Place of filing applications. - (1) An application shall ordinarily be filed by an application with the Registrar of the Bench within whose jurisdiction. (i) the applicant is posed for the time being, or (ii) the cause of action, wholly or in part, has arisen: Provided that with the leave of the Chairman the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 25, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.(2) Notwithstanding anything contained in sub-rule (1) persons who have ceased to be in service by reason of retirement, dismissal or termination of service may at his option file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application.]
7. Application fee. - Every application filed with the Registrar shall be accompanied by a fee of rupees fifty to be remitted either in the form of crossed demand draft drawn on a nationalized bank in favour of the Registrar of the concerned Bench and payable at the main Branch of that bank at the station where the seat of the said Bench is situate, or remitted through a crossed Indian Postal Order drawn in favour of the Registrar of the concerned Bench and payable at the post office of the station where the said Bench is situate: Provided that where the Tribunal permit a single application to be filed, either by more than one person or by an Association, the fee payable shall be rupees fifty: Provided further that where the Tribunal is satisfied that an applicant is unable to pay the prescribed fee on ground of indigence, it may exempt such an applicant from the payment of fee.
8. Contents of application. - (1).Every application filed under rule 4 shall set forth concisely under distinct heads the grounds for such application. Such grounds shall be numbered consecutively. Every application including any miscellaneous application shall be typed in double space on one side on thick paper of good quality. (2) It shall not be necessary to present a separate application to seek an interim order or direction if in original application the same is prayed for. (3) An applicant may, subsequent to the filing of an application under section 19 of the Act, apply for an interim order or direction. Such an application shall, as far as possible, be in Form III. (4) Where the applicant seeks condonation of delay, he shall file a separate application supported by an affidavit.
9. Documents to accompany the application - (1) Every application shall be accompanied by the following documents: (i) an attested true copy of the order against which the application is filed. (ii) copies of the documents relied upon by the applicant and referred to in the application; (iii) an index of the documents. (2) The documents referred to in sub-rule(1) may be attested by a legal practitioner or by a gazetted officer and each document shall be marked serially as Annexures A1, A2, A3 and so on. (3) Where an application is filed by any agent, documents authorizing him to act as such agent shall also be appended to the application: Provided that where an application is filed by a legal practitioner, it shall be accompanied by a duly executed `Vakalatnama’.
10. Plural remedies. - An application shall be based upon a single cause of action and may seek one or more reliefs provided that they are consequential to one another.
11. Service of notice and processes issued by the Tribunal - (1) Notices to be issued by the Tribunal may be served by any of the following modes - (i) service by the party itself; (ii) by hand delivery (dasti) through process server; (iii) by registered post `with acknowledgement due; (iv)through the concerned head of Office of the same Department: Provided that if the Tribunal does not specify the mode of service, notice may be sent by registered post `with acknowledgement due’ and the provision of sub-rule (2) of rule 19A of Order V of First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall apply to such mode of service.
(2) Where notice issued by the Tribunal is served by the party himself by hand delivery’ (Dasti, he shall file with the Registry of the Tribunal, the acknowledgement together with an affidavit of service).
(3) Notwithstanding anything contained in sub-rule(1) the Tribunal may, taking into account the number of respondents and their places of residence or work and other circumstances, direct the notice of the application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears to the Tribunal just and convenient.(4) Notwithstanding anything contained in sub-rule (1) the Tribunal, may in its discretion, having regard to the nature of the case, direct the service of the notice on the Standing Counsel, authorized to accept the service, for any Department or Organisation of the Central Government, or an authority, a corporation, a body owned or controlled by the Central Government.
(5) Every notice issued by the Tribunal shall unless otherwise ordered, be accompanied by a copy of the application and a copy of the impugned order.
(6) Every applicant shall pay a fee for the service of execution of processes, in respect of an application where the number of respondents exceeds five, as under:-(i) a sum of rupees five for each respondent in excess of five respondents; or (ii) where the service is in such a manner as the Tribunal may direct under sub- rule (3) such a sum not exceeding the actual charges incurred in effecting the service as may be determined by the Tribunal. (7) The fee for the service or execution of processes under sub-rule (3) shall be remitted in the manner prescribed in rule 7 within one week of the date of the order determining the fee or within such extended time as the Registrar may permit. (8) Notwithstanding anything contained in sub-rules (1) to (4), if the Tribunal is satisfied that it is not reasonably practicable to serve notice of application upon all the respondents, it may, for reasons to be recorded in writing, direct that the application shall be heard notwithstanding that some of the respondents have not been served with notice of the application: Provided that no application shall be heard unless: (i) notice of the application has been served on the Central Government or the State Government if such Government is a respondent; (ii) notice of the application has been served on the authority which passed the order against which the application has been filed; and (iii) the Tribunal is satisfied that the interests of the respondents on whom notice of the application has not been served are adequately and sufficiently represented by the respondents on whom notice of the application has been served. 12. Filing of reply and other documents by the respondents. - (1) Each respondent intending to contest the application, shall file in triplicate the reply to the application and the documents relied upon in paper book form with the Registry within one month of the service of notice of the application on him. (2) In the reply filed under sub-rule (1), the respondent shall specifically admit, deny or explain the facts stated by the applicant in his application and may also state such additional facts as may be found necessary for the just decision of the case. It shall be signed and verified as a written statement by the respondent or any other person duly authorized by him in writing in the same manner as provided for in Order VI, rule 15 of the Code of Civil Procedure, 1908 (5 of 1908). (3) The documents referred to in sub-rule (3) shall also be filed alongwith the reply and the same shall be marked as R1, R2, R3 and so on. (4) The respondent shall also serve a copy of the reply alongwith documents as mentioned in sub-rule(1) on the applicant or his legal practitioner, if any, and file proof of such service in the Registry. (5) The Tribunal may allow filing of the reply after the expiry of the prescribed period. (6) The Tribunal may permit the parties to amend the pleadings in the same manner as provided under Order 6, Rule 17 of the Code of Civil Procedure, 1908 (5 of 1908). 13. Date and place of hearing to be notified. - The Tribunal shall notify to the parties the date and the place of hearing of the application in such manner as the Chairman may by general or special order direct. 14. Calendar of cases - (1) Each Bench shall draw up a calendar for the hearing of transferred cases and, as far as possible, hear and decide the cases according to the calendar. (2) Every application shall be heard and decided as far as possible, within six months from the date of its registration. (3) The Tribunal shall have the power to decline an adjournment and also to limit the time for oral arguments. 15. Action on application for application’s default. - (1) Where on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned the applicant does not appear when the application is called for hearing, the Tribunal may in its discretion, either dismiss the application for default or hear and decide it or merit. (2) Where an application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non appearance when the application was called for hearing, the Tribunal shall make an order setting aside the order dismissing the application and restore the same: Provided, however, where the case was disposed of on merits the decision shall not be responded except by way of review. 16. Ex-Parte hearing and disposal of application. - (1) Where on the date fixed for hearing the application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the application is called for hearing, the Tribunal may, in its discretion adjourn the hearing, or hear and decide the application ex parte. (2) Where an application has been heard ex parte against a respondent or respondents such respondent or respondents may apply within 30 days from the date of the order to the Tribunal for an order to set it aside and if such respondent or respondents satisfy the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing when application was called for hearing the Tribunal may make an order setting aside the ex-parte order as against him or them upon such terms as it thinks fit, and shall appoint a day for proceeding with the application: Provided that where the ex parte order of the application is of such nature 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 also: Provided further that in cases covered by sub-rule (8) of rule 11, the Tribunal shall not set aside ex-parte order of an application merely on the ground that it was not served upon a respondent or respondents. 17. Application for review. - (1) No application for review shall be entertained unless it is filed within thirty days from the date of receipt of copy of the order sought to be reviewed. (2) A review application shall ordinarily be heard by the same Bench which has passed the order, unless the Chairman may, for reasons to be recorded in writing, direct it to be heard by any other Bench. (3) Unless otherwise ordered by the Bench concerned, a review application shall be disposed of by circulation and the Bench may either dismiss the application or direct notice to the opposite party. (4) When an application for review of any judgment or order has been made and disposed of, no further application for review shall be entertained in the same manner. (5) No application for review shall be entertained unless it is supported by a duly sworn affidavit indicating therein the source of knowledge, personal or otherwise, and also those which are sworn on the basis of the legal advice. The counter affidavit in review application will also be a duly sworn affidavit wherever any averment of fact is disputed. 18. Substitution of legal representatives. - (1) In the case of death of a party during the pendency of the proceedings before the Tribunal, the legal representatives of the deceased party may apply within [ninety days] of the date of such death for being brought on record as necessary parties. (2) Where no application is received from the legal representatives within the period specified in sub-rule (1), the proceedings against the deceased party shall abate. Provided that on good and sufficient reasons the Tribunal, on an application, may set aside the order of abatement and substitute the legal representatives. 19. Adjournment of hearing.- The Tribunal may if sufficient cause is shown at any stage of proceedings grant time to the parties or any of them and adjourn the hearing of the application. The Tribunal may make such order as it thinks fit with respect to the costs occasioned by the adjournment. 20. Order to be signed and dated. - (1) Every order of the Tribunal shall be signed by the Member or Members constituting the Bench, which pronounced the order. (2) The orders shall be pronounced in open court. 21. Publication of orders. - (1) The Tribunal may publish its decisions which are deemed fit for publication, in a report entitled “Indian Law Report Central Administrative Tribunal.....................20....” (for short `ILR”..............CAT..........20........‘). (2) Such of the order of the Tribunal as are deemed fit for publication in any other authoritative report or the press may be released for such publication on such terms and conditions as the Chairman may specify by general or special order. 22. Communication of order to parties. - (1) Every interim order, granting or refusing or modifying interim relief and final order shall be communicated to the applicant and to the concerned respondent or to their Counsels, either by hand delivery or by post free of costs: Provided that unless ordered otherwise by a Bench, a copy of the final order need not be sent to any respondent who has not entered appearance : Provided further that when the petitioner or the respondent is represented by a Counsel, under a single Vakalatnama, only one copy shall be supplied to such Counsel as named therein. (2) If the applicant or the respondent to any proceeding requires a copy of any document or proceeding the same shall be supplied to him on such terms and conditions on payment of such fees as may be fixed by the Chairman by general or special order. 23. Inspection of the records. (1) The parties to any case or their counsel may be allowed to inspect the record of the case on making an application in writing to the Registrar. (2) Subject to such terms and conditions as may be prescribed by the Chairman by a general or special order a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing. 24. Order and directions in certain cases. - The Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its order or to prevent abuse of its process or to secure the ends of justice. 25. Registration of legal practitioner’s clerk. - (1) No clerk employed by a legal practitioner shall act as such in the Tribunal or be permitted to have access to the records and obtain copies of the orders of the Bench of the Tribunal in which the legal practitioner ordinarily practises unless his name is entered in the Register of clerks maintained by the said Bench. Such clerk shall be known as a “Registered Clerk”. (2) A legal practitioner desirous of registering his clerk shall make an application to the Registrar in Form IV. On such application being allowed by the Registrar, his name shall be entered in the Registrar of Clerks. (3) After registration of the clerk, the Registrar shall direct the issue of an identity card to him which shall be non-transferable and shall be produced by the holder upon request by an officer or other employee of the Tribunal authorized in this behalf. The identity card shall be issued under the signature of the Deputy Registrar of the Bench concerned. (4) A register of all the clerks registered under sub-rule (2) shall be maintained in the office of the Registrar of each Bench. (5) A legal practitioner shall have at a time not more than two registered clerks unless the Registrar of each Bench. (6) Whenever a legal practitioner ceases to employ a registered clerk, he shall notify the fact at once to the Registrar by means of a letter enclosing therewith the identity card issued to his clerk by the Registry, and on receipt of such letter the name of the said registered clerk shall be struck off from the register. 26. Working hours of the Tribunal. – Except on Saturday, Sundays, and other public holidays, the office of the Tribunal shall, subject to any order made by the Chairman remain open from 9.30 a.m. to 6 p.m. 27. Sitting hours of the Tribunal. - The sitting hours of the Tribunal (including a vacation Bench) shall ordinarily be from 10.30 a.m. to 1.30 p.m. and 2.30 p.m. to 5 p.m. subject to any general or special order made by the Chairman, or by Vice-Chairman concerned with the prior approval of the Chairman. 28. Powers and functions of the Registrar. - (1) The Registrar shall have the custody of the records of the Tribunal and shall exercise such other functions as are assigned to him under these rules or by the Chairman or the Vice-Chairman of the Bench concerned by separate order. (2) The Registrar may, with the approval of the Chairman or of the Vice-Chairman of the Bench concerned delegate to the Deputy Registrar any function or power required by these rules to be performed or exercised by the Registrar. (3) In the absence of the Registrar, the Deputy Registrar or any other officer to whom the powers and functions of the Registrar are delegated by the Chairman or Vice-Chairman, as the case may be, may exercise the powers and functions of the Registrar. (4) The official seal shall be kept in the custody of the Registrar. (5) Subject to any general or special direction by the Chairman the seal of the Tribunal shall not be affixed to any order, summons or other process save under the authority in writing of the Registrar or the Deputy Registrar. (6) The seal of the Tribunal shall not be affixed to any certified copy issued by the Tribunal save under the authority in writing of the Registrar or the Deputy Registrar. 29. Additional powers and duties of Registrar. - In addition to the powers conferred, elsewhere in these rules, the Registrar shall have the following powers and duties subject to any general or special order of the Chairman or the Vice-Chairman of the Bench concerned, namely :- (i) to receive all applications and other documents including transferred applications; (ii) to decide all questions arising out of the scrutiny of the applications before they are registered; (iii) to require any application presented to the Tribunal to be amended in accordance with the Act and the rules; (iv) subject to the direction of the respective Benches, to fix the date of first hearing of the applications or other proceedings and issue notices thereof; (v) to direct any formal amendment of records; (vi) to order grant of copies of documents to parties to the proceedings; (vii) to grant leave to inspect the records of the Tribunal; (viii) to dispose of all matters relating to the service of notices or other processes, applications for the issue of fresh notices and for extending the time for filing such applications, to grant time not exceeding [30 days] for filing a reply or rejoinder if any, and to place the matter before the Bench for appropriate orders after the expiry of the aforesaid period; (ix) to requisition records from the custody of any court or other authority ; (x) to receive applications within ninety days from the date of death for substitution of legal representatives of the deceased parties during the pendency of the application; (xi) to receive and dispose of applications for substitution except where the substitution would involve setting aside an order of abatement ; (xii) to receive and dispose of applications by parties for return of documents. 30. Additional powers of the Registrar of the Principal Bench. - The Registrar of Principal Bench shall have the power to call for information and records and to inspect or cause to be inspected the registry of the other Benches under general or special orders as may be issued by the Chairman from time to time. 31. Seal and emblem. - The official seal and emblem of the Tribunal shall be such as the Central Government may specify. 32. Dress of the Members and staff of the Tribunal. - The dress for the Members of the Tribunal (including Chairman and Vice-Chairman) and Members of the staff of the Tribunal shall be such as the Chairman may specify. 33. Dress of the parties. - A legal practitioner or, as the case may be, a presenting officer shall appear before the Tribunal in his professional dress, if any, and if there is no such dress. (i) if a male in a closed, collared coat and trousers or in a lounge suit; (ii) if a female, in a saree or any other customary dress of a sober colour. APPENDIX A FORM I [See RULE 4] APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNAL ACT, 1985 Title of the Case : S. Nos. 1. Application 2. 3. 4. 5. 6. INDEX Description of documents relied upon Page No. Signature of the applicant For use in Tribunal’s Office Date of filing ........................................................ Or Date of Receipt by Post .............................................. Registration No. ........................................................ Signature for Registrar IN THE CENRAL ADMINISTRATIVE TRIBUNAL . .......................................... BENCH A.B. (add description such as son of, Resident of and place of employment orlast employed.) APPLICANT Versus C.D. (add description and the residential or official address on which the service of notices is to be effected on the respondent or respondents. The details of each respondent are to be given in a chronological order.) RESPONDENT DETAILS OF APPLICATION: 1. Particulars of the order against which the application is made: (Particulars of the order giving the details like the number, date and the authority which has passed the order, against which the application is made). 2. Jurisdiction of the Tribunal : The applicant declares that the subject matter of the order against which he wants redressal is within the jurisdiction of the Tribunal. 3. Limitation : The applicant further declares that the application is within the limitation period prescribed in section 21 of the Administrative Tribunals Act, 1985.
4. Facts of the case : (Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue or fact).5. Grounds for relief with legal provisions: 6. Details of the remedies exhausted : The applicant declares that he has availed of all the remedies available to him under the relevant service rules etc. (Give here chronologically the details of representations made and the outcome to such representations with reference to the number of Annexure to be given in support thereof). 7. Matters not previously filed or pending with any other court : The applicant further declares that he had not previously filed any application, writ petition or suit regarding the matter in respect of which this application has been made, before any court or any other authority or any other Bench of the Tribunal nor any such application, writ petition or suit is pending before any of them. In case the applicants had previously filed any such application, writ petition or suit, the stage at which it is pending, and if decided, the list of the decisions should be given with reference to the number of Annexure to be given in support thereof. 8. Relief sought : In view of the facts mentioned in para 6 above the applicant prays for the following relief(s) :- (Specify below the relief(s) sought explaining the grounds for such relief(s) and the legal provisions, if any, relied upon). 9. Interim order, if any prayed for : Pending final decision on the application, the applicant seeks the following interim relief : (Give here the nature of the interim relief prayed for). 10. In the event of application being sent by registered post, it may be stated whether the applicant desires to have oral hearing at the admission stage and if so, he shall attach a self addressed Post Card or Inland Letter, at which intimation regarding the date of hearing could be sent to him. 11. Particulars of Banks Draft/Postal Order filed in respect of the application fee. 12. List of enclosures: 1. 2. 3. 4. VERIFICATION I .............................................. (Name of the applicant) S/o, W/o, D/o .............................................., age ......... working as .......................................in the office of .............................................., resident of .............................................., do hereby verify that the contents of paras ..................... to ................... are true to my personal knowledge and paras ................. to ........... believed to be true on legal advice and that I have not suppressed any material fact. Date : .......................... Place : ......................... Signature of the applicant FORM II [See RULE 4 (4)] RECEIPT SLIP Receipt of the application filed in the Central Administrative Tribunal .............................. Bench by Shri/Kum/Smt ..................................... in the Ministry/Department/Office of ............................................. residing at ...............................................is hereby acknowledged. For Registrar, Dated : ..................... Central Administrative Tribunal Seal : ........................ .......................................Bench FORM III [See RULE 8(3)] IN THE CENTRAL ADMINSITRATIVE TRIBUNAL ....................................BENCH Misc. Application No. ........................ of ..................... in Original/Transferred Application No. .................... of ..................... XXX ..................................................................... Applicant/Petitioner Versus YYY .......................................................................Respondent/Applicant Brief facts leading to the application. Relief or Payer : Verification : I, ...................................................(Name of the applicant) S/o, W/o, D/o .......................... age ................. working as ...................................in the office of ................................ resident of ............................................. do hereby verify that the contents of para ............ to ........................are true on legal advice and that I have not suppressed, any material fact. Date : ...................... Place : ..................... Signature of the applicant Signature of the Advocate FORM IV [See rule 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 (i) Full name : (in capital) Attested passport (ii) Father’s name : size photograph (iii) Age and date of Birth : to be pasted (iv) Place of birth : (v) Nationality : (vi) Educational qualification : (vii) Particulars of previous employment, if any : I, .............................................. (Clerk above-named) do hereby affirm that the particulars relating to me given above are true. Signature of Clerk 3. Whether the legal practitioner has a clerk already registered in his employ and whether the clerk sought to be registered is in lieu of or in addition to the clerk already registered. 4. Whether the clerk sought to be registered is hereby registered as a clerk of any other legal practitioner and if so, the name of such practitioner. I, ................................................., (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 costs of Identity Card along with 2 passport size photographs of the applicant duly attested by me. Signature of the Legal Practitioner Dated : ..................................... To The Registrar Central Administrative Tribunal ........................................Bench ...................................................
Whereas it is expedient to frame unified and consolidated Rules of Practice, the Central Administrative Tribunal in exercise of the powers conferred by Section 200 of the Administrative Tribunals Act, 1985 (Central Act 13 of 1985) and all other powers thereunto enabling it to frame Rules to regulate its own practice and procedure, hereby makes the following Rules of Practice in supersession of all the existing orders, regulations and notifications on the subject :-
1. Short title - These rules may be called “The Central Administrative Tribunal Rules of Practice, 1993”.
2. Commencement - (a) These rules shall, after their publication in the Official Gazette, come into force on 1st November, 1993.
(b) These rules shall apply, as far as may be, to all proceedings pending in the Central Administrative Tribunal on the date of their commencement.
3. Definitions - In these rules, unless there is anything repugnant to the subject or context –
(i) “Address for service” shall mean the address furnished by a party or his authorized agent, or his legal practitioner at which service of summons, notices or other processes may be effected;
(ii) “Application” means and includes Original Application(`OA’), Review Application(`RA’), Transferred Application (`TA’), Miscellaneous Application (`MA’) and Petition for Transfer (`PT’);
(iii) “Act” and “Procedure Rules” shall mean the Administrative Tribunals Act, 1985 (Central Act 13 of 1985) and the Central Administrative Tribunal (Procedure) Rules, 1987, as amended from time to time;
(iv) “Code” means the Code of Civil Procedure, 1908, as amended from time to time;
(v) “Full Bench” means a Bench duly constituted consisting of three or more Members;
(vi) “Legal Practitioner” includes a standing counsel authorized to accept the service for any department or organization of the Central Government/State Government or any authority, a Corporation, a body owned or controlled by the Central Government/State Government.
(vii) “Pleadings” shall include original applications, reply statement, rejoinders and additional statements supplementing the original applications and the reply statements, as may be permitted by the Tribunal;
(viii) “Vacation Bench” means a Bench duly constituted for discharging the functions of the Tribunal during the vacation;
(ix) Words not defined in these Rules shall have the same meaning as assigned in the Act and the Procedure Rules.
PREPARATION AND PRESENTATION OF PLEADING AND OTHER PAPERS
4. Preparation of pleadings and other papers – (a) All pleadings, affidavits, memoranda and other papers filed in the Tribunal shall be fairly and legibly typewritten or printed in English or Hindi language on durable white foolscap folio paper of Metric A-4 size (30.5 cm long and 21.5 cm wide) on the one side only in double space with a left margin of 5 cm and right margin of 2.5 cm duly paginated, indexed and stitched together in the paper-book form. The index shall be in Form No. 1. (b) English translation of documents/pleadings shall be duly authenticated by any legal practitioner.
5. Date and signature - A party required to a affix his signature shall also state his name in capitals near is signature and initial or sign at the bottom of each page. Explanation – The expression `signature’ or `initial’ includes thumb mark.
6. Attestation – (a)The attestation contemplated in Rule 9(2) of the Procedure Rules shall be made at the end of the document in the form given below:
“The Annexure ………… is the true copy of the original document.”
Name and Designation of theAttestor with date”.
*(b) Sub-rule (a) above shall also govern production of photocopies of the documents, provided they are clear and legible. *Substituted vide Hon'ble Chairman order No. 4 dated 26.03.2010.
7. Production of authorization for and on behalf of an Association – Where an application/pleading or other proceeding purported to be filed is by an Association, the person or persons who sign(s)/verify(ies) the same shall produce along with such application, etc., for verification by the Registry, a true copy of the resolution of the Association empowering such person(s) to do so : Provided the Registrar may at any time call upon the party to produce such further materials as he deems fit for satisfying himself about due authorization.
8. Procedure on production of defaced, torn or damaged documents - When a document produced along with any pleading appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialed by the officer authorized to receive the same.
9. Receipt of papers – (a) All pleadings and papers shall be received in the Registry only during the office hours on the working days, provided they are presented or sent in the manner provided in rule 4(1) of the Procedure Rules.
(b) All pleadings and papers received before 3 p.m. in which urgent interim orders are sought, shall ordinarily be processed immediately for being listed before the Bench on the next working day.
10. Date stamping of papers and maintenance of Inward Register – (a) The receiving branch of the Registry shall immediately on receipt of an application/petition or other pleadings or papers, affix the date-stamp of the Tribunal in the following manner :-
(i) Date-stamp shall be affixed on all pages on the main/first copy and on the first page of each other copy.
(ii) Receiving Clerk shall affix his initials on the stamp affixed on the first page of the main/first copy and on the first page of all other copies.
(b) Receiving branch of the Registry shall on affixing the date-stamp, enter the details thereof in the Inward Register, Register No. 1 and assign a Diary Number. The same Diary Number shall be entered immediately below the date-stamp on the first page of the main/first copy and all other copies.
SCRUTINY, REGISTRATION, NUMBER AND POSTING FOR ADMISSION/ORDERS
11. Scrutiny of application/petitioner/other pleadings and papers – (a) The Scrutiny Branch of the Registry shall, on receipt of the application/petition pleadings from the receiving branch, scrutinize the same as expeditiously as possible but not beyond two days from the date of receipt: Provided if, for any reason, the scrutiny is not completed within the aboveperiod, the same shall be immediately reported to the Registrar, who shall take prompt steps to complete the scrutiny.
(b) The report of the scrutiny of the application under section 19 of the Act shall be in Form No.2 and of Contempt Petition (CP) (Civil/Criminal) in Form No.3 and the scrutiny report shall be annexed to the application/petition.
(c ) Report of scrutiny of all other pleadings and papers shall be recorded on the reverse side of the last page of such pleadings/papers.
12. Maintenance of Order Sheet – The Scrutiny Branch shall attach to every OA/RA/TA/CP an orders sheet in duplicate in Form No.
4. The column “Notes of the Registry” in the order sheet shall be for the notings by the Registry and the column “Orders of the Tribunal” is meant for the use of the Bench.
(1) The entries in the order sheet shall be in writing and removal of the order sheet for typing be avoided.
(2) Continuous page number should be given to the order sheet.
(3) Before any entry is made in the order sheet for the day, the date, month and year shall-first be entered and underlined in the middle of the column.
(4) Brief order may be written on the order sheet itself and initialed by the Members of the Bench.
(5) In the case of lengthy orders, only the operative portion of the order need be entered in the column “Orders of the Tribunal” and initialed by the court officer. The orders shall be annexed to the order sheet giving them continuous paging. Reference to the order shall be made by mentioning only page number of the order annexed.
(6) The presence of the legal practitioner/party be indicated by their initials.
(7) No gaps shall be left between two entries in the order sheet. Gaps, if any shall be covered by drawing a line across.
13. Classification of papers – (a) The papers received in the Registry in all applications and CPs except Miscellaneous Application shall be classified and placed in files `A’, `B’ and `C’ as provided in Form No.5.
(b) “A” File shall consist two separate parts. Part-I shall contain the order sheet and orders annexed thereto. Part-II shall contain the application with annexures, reply with annexures and rejoinder with annexures and arrange as far as possible consecutively in the order of the parties.
(c) “B” File shall contain the duplicate copy of the papers as in “A” File.
(d) “C” File shall contain the remaining papers including Vakalathnama, notices, postal acknowledgements, Miscellaneous Applications, Replies and Rejoinders thereto and Supreme Court orders etc., if any.
14. Submission of case files to Registrar – On completion of the scrutiny, the Scrutiny Branch shall place the case file duly classified as “A”, “B” and “C” along with the report of scrutiny and the order sheet before the Registrar for his orders.
15. Registration and Numbering – (a) The Registrar on examining the application/pleading and the scrutiny report shall, if they are in order, direct registration/acceptance.
(b) Applications under section 19 of the Act ordered to be registered shall be numbered as OA No …../19……20/…….
(c) Cases received on transfer under section 29 of the Act shall be numbered as TA No…………../19……/20…… Explanation :- Applications received from the Supreme Court, High Court and other courts purporting to be by transfer but not covered by section 29 of the Act shall be numbered as Original Applications of the year during which they are received.
(d) Applications for review of any order of the Tribunal ordered to be registered shall be numbered as RA No…………./19…../20……..
(e) Petitions under the Contempt of Courts Act ordered to be registered, shall be numbered as CP (Civil/Criminal) No………/19…../20……
(f) Application under section 25 of the Act ordered to be registered shall be numbered as PT No. ………../19……/2……….
(g) Other applications of Miscellaneous nature not covered by sub-rules (b) to (f) above, ordered to be registered shall be numbered as MA No………19/………20………
(h) Applications/petitions referred to in this rule shall be entered in Register No.2. Separate registers shall be used for each category of applications/petition referred to in this rule. The Registers shall be maintained from 1st January to 31st December of each calendar year.
16. Maintenance of I.P.Os/D.Ds Register – (a) IPOs/DDs received in the Registry shall be entered immediately on their receipt in the Judicial Branch in Register No. 3.
(b) On every first working day of the week, the IPOs/DDs received by the Judicial Bench during the previous week shall be transmitted along with the IPOs/DDs Register to the Section Officer incharge of Judicial Branch, who after scrutiny shall affix his initials in the relevant column in the Register and transmit the same to the Cash Section. The official incharge of Cash Section shall, after verifying the entries in the Register alongwith the IPOs/DDs put his initials in the relevant column in the Register in token of acknowledgment.
17. Rectification of defects – (a) If on scrutiny any application or pleadings filed in the Tribunal is found to be defective, the Registrar shall notify in Form No. 6 on the Notice Board of the Tribunal fixing the time for rectifying the same.
(b) The papers shall be returned to the party or his legal practitioner only after obtaining acknowledgment thereof in the Inward Register.
(c) The Registrar may, for good and sufficient reasons extend the time for rectifying the defects, provided the total period for rectification including the extended period does not exceed thirty days.
(d) If the party or his legal practitioner contests the office objection and the Registrar is not satisfied the matter shall be placed before the Bench for appropriate orders.
(e) If the party/legal practitioner rectifies the defects and represents the application/pleading within the time granted, the Registrar on being satisfied may order for its registration/acceptance and numbering as provided in rule 15.
18. Posting of cases for admission/orders before the Bench – (a) Subject to the orders of the Chairman/Vice-Chairman of the concerned Bench, all registered applications/petitions shall be posted for admission/orders before the appropriate Bench on the next working day. The notice of posting shall be given by notifying in the daily cause list for the day.
(b) Before placing the records of the case for admission/order, the Registry shall state in brief in the column “Notes of the Registry” of the Order Sheet, the date of presentation and registration, the subject matter of the application and the date of posting before the Bench and fill up the columns in file covers “A” and “B”.
(c ) The category of cases specified in Appendix I to these Rules as may be amended by the Chairman from time to time, may as far as possible be posted before the Single Member Bench and dealt with in accordance with the procedure prescribed therein.
(d) The constitution of Benches and distribution of work shall be as per the orders/directions given in Appendix II to these Rules, as may be modified by the Chairman from time to time.
19. Posting of urgent cases - (a) Notwithstanding anything contained in Rule 18, the Chairman/Vice-Chairman and in his absence the senior-most Member of the Bench may order any case not included in the daily cause list to be listed on urgent basis for admission/orders. Such directions shall be promptly carried out by the Registry after completing all the formalities.
(b) When a Division Bench is not available, urgent cases for admission and interim orders may be posted before a Single Member Bench who shall deal with the same in accordance with the order of the Chairman as in Appendix III as may be amended from time to time.
20. Matters to be attended to prior to commencement of sitting – (a) Unless otherwise directed by the Members constituting the Bench, the Court Officer shall ensure that records of the cases listed for admission/orders before the Bench on the next working day are sent to the residence of the Members before the evening of the day on which the cause list is published.
(b) The Court Officer shall ensure that the case records so sent to the residence of the Members are brought back to the concerned Court Hall before the commencement of the Court sitting. The Court Officer shall verify the case records listed for the day and arrange them in the serial order as given in the cause list well before the commencement of the sitting.
(c) The Court officer of the Bench concerned shall ensure that the Court Hall is ready for commencement of the sitting at the prescribed time for such sitting.
(d) If, for any reason, the Bench cannot sit or the sitting is delayed, the Registrar shall promptly obtain the orders of the Chairman/Vice-Chairman and notify the same on the Notice Board and in the Court Hall through the Court Officer.
21. Maintenance of Court Diary - (a) The Court Officer of the Bench concerned shall maintain legibly a Court Diary in Register No. 4, wherein he shall record the proceedings of the Court for each sitting day with respect to the application/petitions listed in the daily cause list.
(b) The matters to be recorded in the Court Diary shall include details as to whether the case is adjourned, or part-heard or heard and disposed of or head and orders reserved, as the case may be.
22. Statutes/Citations for reference - The parties/legal practitioners shall before the commencement of the proceedings for the day, furnish to the Court Officer a list of law journals, reports, statutes and other citations, which may be needed for reference.
23. Calling of cases in Court - Subject to the orders of the Bench, the Court Officer shall call the cases listed in the cause list in the serial order.
24. Regulation of Court Work – (a) When the Court is sitting, the Court Officer shall ensure –
(i) that no inconvenience or wastage of time is caused to the Bench in making available the services of Court Master/Stenographer/Peon;
(ii) that perfect silence is maintained in and around the Court Hall and no disturbance whatsoever is caused to the functioning of the Bench;
(iii) that proper care is taken to maintain dignity and decorum of the Court.
(b) When the Bench passes order/directions, the Court Officer shall ensure that the records of the case along with proceedings/orders of the Bench are transmitted immediately to the Judicial Branch. The Judicial Branch shall verify the case records received from the Court Officer with reference to the cause list and take immediate steps to communicate the directions/orders of the Bench.
SERVICE OF NOTICE
25. Issue of Notice – (a) Unless otherwise ordered by the Tribunal, when notice is ordered, the applicant shall, in cases governed by Rule 11 (6) of the Procedure Rules, pay the prescribed fee for service of notice accompanied by a memo in Form No.7 within seven days from the date of order. In default, no notice shall be issued to any of the respondents and the matter shall be placed immediately before the bench for appropriate orders.
(b) Where the notice is returned to the Tribunal with an endorsement of the postman regarding non-service owing to refusal of the same by the party concerned, the Registrar shall declare that the notice has been duly served on the respondent.
(c) Where the notice was properly addressed pre-paid and duly sent by registered post, acknowledgement due, the declaration referred to in sub-rule (b) shall be made when for any reason the acknowledgement is not received by the Tribunal within thirty days from the date of the issue of the notice.
26. Steps for issue of fresh notice – If any notice is returned unserved in the circumstances not specified in sub-rules (b) and (c) of Rule 25, that fact and the reason therefore shall be listed immediately on the notice board of the Registry. The applicant/petitioner or his Legal Practitioner shall within seven days from the date of such notification take steps for service of notice.
27. Consequence of failure to take steps for issue of fresh notice – If the applicant/petitioner fails to take necessary steps in time for service of notice on the respondent(s) and consequently, the service remains incomplete, the Registrar shall post the case before the Bench for further directions.
28. Service of notice, etc., on Legal Practitioners – A Legal Practitioner representing a party in any proceeding and any person authorized to accept notices on behalf of a party, shall receive notices, orders, directions, pleadings, etc., required to be served on such party in connection with such proceedings. Such service shall be deemed to be proper service on the party.
29. Form of Notice - Notice to show cause regarding admission shall be in Form No.8. Notice ordered after admission shall be in Form No. 9.
30. Entries regarding service of notice/process - The Judicial Branch of the Registry shall record in the column in the order sheet “Notes of the Registry”, the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice if unreserved, steps taken for issuing fresh notice and date of completion of service, etc.
FILING OF REPLY STATEMENT/REJOINDER
31. Case deemed to be ready on failure to file reply in time – When all or any of the respondent(s) fail(s) to file reply statement in the form and in the manner provided under Rule 12 of the Procedure Rules within the time granted, the case shall be deemed to be ready for hearing and included in the ready list for final hearing.
32. Filing of rejoinder – (a) The applicant(s) intending to file rejoinder to the reply statement filed by all or any of the respondent(s) shall do so, with the leave of the Bench/Registrar within the time granted. The rejoinder shall be filed within the time granted, duly signed and verified in the manner prescribed for filing reply statement under Rule 12 of the Procedure Rules.
(b) After the expiry of the time granted for filing the rejoinder, the case shall be deemed to be ready for hearing and included in the ready list for final hearing.
33. Papers not to form part of the records – (a) Except with the leave of the Tribunal, the following shall not form part of the records of the case :-
(i) Reply statement filed after the expiry of the time granted for the purpose.
(ii) Rejoinder filed without the leave of the Court or filed after the expiry of the time granted.
(iii) Additional pleadings filed without the leave of the Court or filed after the expiry of the time granted.
(b) The above papers treated as not forming part of the record shall be notified on the Notice Board of the Registry requiring the party to take them back within four weeks from the date of the Notification, failing which the Registry shall take steps to destroy the same.
34. Incorporation of amendments, filing of additional reply, etc. – When the Tribunal allows a prayer for amendment of the pleadings or for addition of parties, the same shall be carried out in red ink indicating the date of the order and duly signed by the party/legal practitioner, who has obtained the order, within the time granted for the purpose by the order or if no time is thereby limited then, within 14 days from the date of the order. If, however, the Bench or the Tribunal has directed furnishing of a fresh copy incorporating the amendments/addititon of parties, the same shall be filed in triplicate and after serving a copy of the amended pleading on the other party within the time granted by the Court of if not time granted within 14 days from the date of the order. In default, the Registry shall place the matter before the bench for orders.
PROCEEDINGS BEFORE REGISTRAR’S COURT
35. Matters to be listed before the Registrar’s Court – Once an application/petition is admitted and notice ordered, the same shall be posted before the Registrar for completion of pleadings.
36. Cause List for Registrar’s Court - Cases required to be dealt with by the Registrar shall be notified in a separate Daily Cause List. The cases so notified shall be taken up in the Registrar’s Court in the serial order as indicated in the cause list.
37. Recording of proceedings – On hearing the parties/their Legal Practitioners and on perusing the records, the Registrar may record his decisions in the column “Notes of the Registry” in the order sheet and put his initials with date.
38. Inclusion of cases in the ready list when pleadings are complete – If the pleadings are complete or if the case is deemed to be ready for hearing, the Registrar shall record the same in the order sheet and order for inclusion in the list of cases ready for final hearing.
PREPARATION OF READY LIST, WARNING LIST, DAILY CAUSE LIST AND POSTING OF CASES
39. Maintenance of Ready List – The Judicial Branch of the Registry shall maintain separate registers in register Form No.5 for each category of cases which are ready for hearing. The registers shall contain separate sections for each year. Inclusion of cases in the Register shall be yearwise and in the order in which they become ready for hearing.
40. Preparation of Warning List – (a) From the Ready List, the Registry shall prepare for each category of cases, a separate list called “Warning List” consisting of such number of cases as may be sufficient in the opinion of the Registrar, for being posted for hearing for a period of two weeks.
(b) Cases in the Warning List shall be arranged according to the year and number of registration and not on the basis of their serial number in the Ready List. Oldest among the cases be included first followed by the next oldest and so on.
41. Publication of Warning List – (a) The Judicial Branch of the Registry shall publish the warning list on the Notice Board of the Registry on the last working day previous to the 1st and 15th of every month.
(b) The total number of cases to be included in each Warning List as fixed by the Registrar shall, as far as possible, be maintained by adding at the bottom of the list, such number of case are required to make good the deficiency, having regard to the number of cases transferred to the Daily Cause List.
(c) From the Warning List so published, sufficient number of cases shall be taken for inclusion in the Daily Cause List in the order in which they appear in the Warning List, subject to the orders of the Chairman/Vice-Chairman/Bench.
42. Preparation and publication of Daily Cause List – (a) The Judicial Branch of the Registry shall prepare and publish on the Notice Board of the Registry before 5.30 p.m. on each working day the Cause List for the next working day. Subject to the directions of the Chairman/Vice-Chairman/Bench listing of cases in the Daily Cause List shall be in the following order :-
(i) Cases for “Pronouncement of Orders”
(ii) Cases “For being spoken to”
(iii) Cases for Admission”
(iv) Cases for “Orders/Directions”
(v) Contempt Petitions.
(vi) Part-heard cases, latest part-heard having precedence
(vii) Cases posted as per directions of the Court
(viii) Cases from the “Warning List”.
(b) The title of the Daily Cause List shall consist of the name of the Bench, the day, date and time of the Court sitting, Court Hall number and the Coram indicating the names of the Chairman/Vice-Chairman/Member constituting the Bench with abbreviations in brackets (J) for Judicial and (A) for Administrative.
(c ) Against the number of each case listed in the Warning list and in the Daily Cause list, the following shall be shown :-
(i) Names of Legal Practitioners appearing on both sides, giving in brackets the rank of the parties whom they represent.
(ii) Names of the parties, if unrepresented with their ranks in brackets.
(d) Office objections and special directions, if any, shall be briefly indicated in the Daily Cause List below the case number.
43. Carry forward of Cause List and adjournment of cases on account of non-sitting of a Bench – (a) If by reason of declaration of holiday or for any other reason, the Bench does not function for the day, the Daily Cause List for that day shall unless otherwise directed be treated as the Daily Cause List for the next working day in addition to the cases already posted for that day.
(b) When the sitting of a particular Bench is cancelled for the reason of absence of Member(s) of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted before that Bench to a convenient date. The adjournment/posting/directions shall be notified on the Notice Board.
44. Supply of Cause List – (a) Two copies of fortnightly Warning List and Daily Cause List shall be furnished to the Advocate/Bar Association of Central Administrative Tribunal for publication on their Notice Board.
(b) Copies of the daily cause list may be furnished to the Legal Practitioners on payment of fees at the rate specified below :
I. Daily Cause List : Per Bench (consisting of two Members) Rs. 65/- per month or Rs.735/- per annum.
II Warning List :Per Bench (consisting of two Members) Rs.100 p.a.
(c ) Application for supply of Warning/Daily Cause List shall made in writing to the Registrar accompanied by one year’s subscription by way of Demand Draft or Indian Postal Orders drawn in favour of the Registrar of the concerned Bench not less than a week before the date from which supply is to commence.
(d) The rates specified above shall be subject to such modifications as may be made by the Chairman from time to time.
45. Request for Adjournments – Unless the Bench otherwise permits, requests for adjournments of the cases listed in the Daily Cause List shall be entertained only at the beginning of the session.
46. Maintenance of Stage Register and Posting Register – (a) The Judicial Branch of the Registry shall maintain a Stage Register in Form Register No.6 for each category of applications/petitions from the stage of first posting till disposal.
(b) Posting Register shall be maintained in Form Register No. 7.
(c ) All orders regarding clubbing at cases shall be entered in the order sheets of all the cases required to be clubbed together and posted accordingly.
(d) The Section Officer concerned shall ensure that the aforesaid registers are promptly and properly maintained and the directions of the Bench faithfully carried out.
47. Early hearting of cases – If early hearing of a case out of turn is required, the party/Legal Practitioner shall make an application stating the reasons therefore in Form No. III of the Procedure Rules, after serving copy thereof to the other parties. The application shall, if in order, be listed before the Chairman or in his absence the Vice-Chairman nominated by him in the case of the Principal Bench and before the Vice-Chairman and in his absence before the senior-most available Member in the case of other Benches.
48. Vacation Bench Sittings and Posting of cases – (a) When the Tribunal is closed for vacation, the Vacation Bench shall sit on such days as the Chairman in the case of Principal Bench and Vice-Chairman in the case of other Benches and in his absence the senior-most Member available, may specify.
(b) During the vacation only matters which are required t to be immediately of promptly dealt with, shall be received in the Registry. The Registrar, on being satisfied about the urgency, shall order registration and posting of such cases.
(c) During the vacation, the Registrar may accept replies, rejoinders to OAs, RAs, etc. provided a copy of the same has been served on all the other parties/Legal Practitioners.
(d) Inspection of records may be permitted during the vacation according to the Rules.
(e) Certified copies may also be supplied during the vacation according to the Rules.
POSTING OF REVIEW APPLICATIONS
49. Posting of Review Applications – Posting of Review Applications shall be governed by the order made by the Chairman as contained in Appendix IV subject to such modifications as may be made by the Chairman from time to time.
FULL BENCH MATTERS
50. Preparation and filing of paper books on reference to the Full Bench – When Division Bench of the Tribunal makes an order referring the case/issues to a Full Bench, the applicant or such other party, as the bench directs shall furnish in Paper Book form duly indexed and continuously paginated three/five sets (depending upon the number of members of the Full Bench) for the use of the Bench and one set to each of the parties/or their legal practitioner on the other side, within two weeks or such other time as the Bench may direct, arranging the papers in the following orders :-
(i) Index Page No.
(ii) Written chronology of events/orders relevant to the case.
(iii) Order of Reference
(iv) Memo of Parties
(vi) Annexures to the application/petition
(vii) Reply by each respondent in the order of their ranking
(viii) Annexures at the end of reply of each respondent
(ix) Rejoinder, if any
(x) Annexures to Rejoinder, if any
(xi) Other relevant papers with description and date: Provided that if the same Legal Practitioner appears for more than one party, only one set of Paper Book need be furnished to him.
51. Circulation of order of Reference to other Benches - The Registrar of the referring Bench shall send a copy of the order of reference to all the other Benches of the Tribunal for information.
52. Seeking orders of Chairman for constitution of Full Bench and fixing date of hearing – The Registrar of the Referring Bench shall forward a copy of the Order of Reference to the Registrar of the Principal Bench for securing orders of the Chairman for constitution of the Full Bench and fixing the date of hearing.
53. Conveyance of the orders of the Chairman – The Registrar of the Principal Bench shall, on receipt of the request as aforesaid obtain the orders of the Chairman and convey the same to the Registrar of the Referring Bench.
54. Notification regarding Full Bench hearing – The Registrar of the Referring Bench shall, immediately on receipt of orders of the Chairman notify the parties/legal practitioners the date of hearing of the case by the Full Bench.
55. Circulation of Full Bench decision/opinion – The Registrar of the Referring Bench shall circulate the opinion/decision rendered by the Full Bench to all other Benches of the Tribunal.
INSPECTION OF RECORDS
56. Grant of Inspection – Inspection of records of a pending or decided case before the Tribunal shall be allowed only under the orders of the Registrar.
57. Application for grant of inspection –
(a) Application for inspection of records as provided under sub-rule (1)1 or sub-rule(2) of rule 23 of the Procedure Rules, shall be in Form No. 10 and presented at the filing counter of the Registry between 10 a.m. and 3 p.m. on any working day two days before the date on which inspection is sought, unless otherwise permitted by the Registrar.
(b) The Judicial Branch of the Registry shall submit the application with its remarks before the Registrar, who shall on consideration of the same pass appropriate orders.
(c ) Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on the preceding day.
58. Fee payable for Inspection - (a) No fee shall be charged for inspection of records of a pending case by a party to the case or his legal practitioner.
(b) A fee of Rs.5 shall be payable by way of DD/IPO drawn in favour of the Registrar on any application for inspection of records of a decided case by a party to the case or his Legal Practitioner.
(c ) A fee of Rs.5 shall be payable by way of DD/IPO drawn in favour of the Registrar on any application for inspection of records of a pending or decided case by a person other than a party to the case.
59. Mode of Inspection – (a) On grant of application for inspection of the records, the Section Officer in-charge of the Judicial Branch shall arrange to procedure the records of the case and allow inspection of such records on the date and time fixed by the Registrar between 10 a.m. and 12.30 p.m. and between 2.30 p.m. and 4.30 p.m. in the presence of an officer authorized in that behalf.
(b) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection.
(c) The person inspecting the records shall not make any marking on any record or paper so inspected. Copying, if any, of the documents/records inspected may be done only in pencil.
(d) The officer supervising the inspection may at any time prohibit further inspection, if in his opinion any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions of these Rules and shall immediately make a report about the matter to the Registrar and seek further orders of the Registrar. Note about the same shall be made in column (8) of the Inspection Register.
60. Maintenance of Register of Inspection – The Section Officer in-charge of the Judicial Branch shall cause to maintain a Register in Form No. 8 for the purpose of inspection of documents/records and shall obtain therein the signature of the person making such inspection.
LEGAL PRACTITIONER BEFORE THE TRIBUNAL
61. Appearance of legal practitioner – Subject as hereinafter provided no legal practitioner shall be entitled to appear and act in any proceedings before the Tribunal unless he files into Tribunal a Vakalatnama in the prescribed form duly executed by or on behalf of the party for whom he appears.
62.Appearance on behalf of Government, etc. – (a) Any legal practitioner appearing on behalf of the Central Government or State Government or any Government servant sued or suing in his official capacity or any authority/corporation/society notified under section 14 of the Act shall not be required to file a vakalatnama but he shall file into Tribunal a Memo of Appearance in Form No. 11 duly signed by him.
(b) A presenting officer other than a legal practitioner representing any of the parties referred to in sub-rule (a) shall also file a memo of appearance in Form No.11.
63. Nomination or engagement of another legal practitioner – Where a legal practitioner who has filed the vakalatnama engages or nominates another legal practitioner to appear and argue his client’s case but not to act for the client, the Tribunal may permit such other legal practitioner to appear and argue.
64. Consent for engaging another legal practitioner – A legal practitioner proposing to file a vakalatnama in any case or proceeding before the Tribunal in which there is already a legal practitioner on record, shall do so only with the written consent of legal practitioner on record or when such consent is refused, with the permission of the Tribunal.
65. Restrictions on appearance - A legal practitioner who has tendered advice in connection with the institution of any case or other proceeding before the Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not, appear in any case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his format client, except with the prior permission of the Tribunal.
66. Access to information - A legal practitioner appearing for the party in any matter before the Tribunal shall be entitled to communicate personally with or receive any information regarding the said matter from any officer of the Tribunal subject to such conditions as may be prescribed by the Tribunal.
67. Form and execution of vakalatnama – (a) Every vakalatnama authorizing a legal practitioner to plead and act shall be in Form No.12. The name of the legal practitioner so appointed shall be inserted in the vakalatnama before it is executed. It shall be dated at the time of its execution and of its acceptance. Its execution shall be attested by Judicial officer, Gazetted Officer serving in connection with the affairs of the Union or of any State in India or a legal practitioner other than the legal practitioner accepting the vakalatnama.
(b) The authority attesting the vakalatnama under sub-rule (a) shall certify that it has been duly executed in his presence and subscribe his signature giving his name and designation. Attestation shall be made only after the name of the legal practitioner is inserted in the vakalatnama before its execution. When a vakalatnama is executed by a party who appears to be illiterate, blind or unacquainted with the language of the vakalatnama, the attestor shall certify that the vakalatnama was read, translated and explained in his presence to the executant, that he seemed to understand it and that he signed or affixed his thumb mark in his presence.
(c) Every vakalatnama shall contain an endorsement of acceptance by the legal practitioner in whose favour it is executed and shall also bear his address for service. If the vakalatnama is in favour of more than one legal practitioner, it shall be signed and accepted by all of them, giving the address for service of any one of them.
68. Restriction on party’s right to be heard – The party who has engaged a legal practitioner to appear for him before the Tribunal shall not be entitled to be heard in person unless he withdraws the vakalatnama with the leave of the Tribunal.
69. Professional dress for the Advocate – While appearing before the Tribunal, the Advocate shall wear the same professional dress as prescribed for appearance before the High Court.
REGISTERED CLERKS OF LEGAL PRACTITIONERS
70. Prohibition of Employment of tout – No legal practitioner shall employ as his clerk any person who is a tout.Explanation – “Tout” means a person who procures or attempts to procure for any consideration from any legal practitioner or from any person acting on his behalf, the employment of such legal practitioner in any legal business, or who, for purposes of such procurement, frequents the precincts of the Tribunal.
71. Disqualification for registration of clerks – No person who is or has been declared a tout or is an undischarged insolvent or has been convicted of an offence involving moral turpitude or has been dismissed from the service of the Government or corruption or dishonesty or is otherwise unfit to be a clerk shall be registered as legal practitioner’s clerk as provided in rule 25 (1) of the Procedure Rules.
72. Registration of legal practitioner’s clerk – (a) When an application in Form No. IV of the Procedure Rules is made by the legal practitioner for registration of his clerk and the same is allowed by the Registrar, the name of the clerk shall be entered in the Register of clerks in Register No.9. (b) The Registrar may, for reasons to be recorded in writing, decline to register any clerk, who in his opinion suffers from any disqualification specified in rule 71 or is otherwise unsuitable to be registered as such. (c ) An appeal may be filed within thirty days from the date of the order of the Registrar under sub-rule (b) to the Chairman/Vice-Chairman.
73. Cancellation of registration - (a) The Registrar, may for reasons to be recorded in writing, cancel the registration of any clerk after giving him and his employer an opportunity to show cause against such cancellation. (b) An appeal may be filed against the order of the Registrar made under sub-rule (a) within thirty days from the date of the order.
74. Notifying registration and cancellation - Orders registering a clerk or canceling the registration shall be notified on the Notice Board of the Tribunal and a copy sent to the Advocates Association.
75. Issue of Identity Card – (a) An Identity Card as referred to in sub-rule (3) of rule 25 of the Procedure Rules shall be issued in Form No. 13 to every registered clerk of the legal practitioner on his remitting a fee of Rs.5 by way of IPO/CC drawn in favour of the Registrar. (b) The registered clerk shall carry with him the Identity Card and produce the same when required by any official of the registry for identification. (c ) An Identity Card once issued shall be in force for a period of five years unless cancelled earlier.
76. Access to information by registered clerks – The registered clerks, may communicate personally with any Sectional or Departmental Head not below the rank of a Section Officer for information regarding their employers’ matters pending in the Tribunal.
77. Carrying out corrections – The Section officer in-charge of Judicial Branch may permit a registered clerk to correct any clerical or typographical mistake in any pleadings or other proceedings. The correction shall be made in the presence of the Section Officer and duly initialed by the maker as well as the Section Officer.
78. Discharge of duties of an absentee clerk – In case of illness or absence on leave of a registered clerk, the Deputy Registrar or the sectional head of the Judicial Branch may on the requisition of the legal practitioner under whom such registered clerk is engaged, permit the registered clerk of another legal practitioner to discharge the absentee’s duties for a specified period.
79. Presentation and return of papers – Registered clerk may present or take return of papers on behalf of the legal practitioner whom he represents.
80. Title of affidavits – Every affidavit shall be entitled “In the Central Administrative Tribunal,………………….Bench at ………………………..” followed by the cause title of the application or other proceeding in which the affidavit is sought to be used.
81. Form and contents of the affidavit – (a) Every affidavit shall be drawn up in Form No. 14 in the first person and divided into paragraph numbered consecutively. (b) Every affidavit shall contain the full name, occupation, age, father’s/mother’s/husband’s name and address of the deponent. The deponent shall be described with such other particulars as may be necessary to identify him. He shall affix his signature/mark on each page.
82. Corrections/erasures etc. - Corrections, erasures and interlineations shall be initialed by the attestor and the number of corrections made on each page indicated.
83. Persons authorized to attest - Affidavits shall be sworn or affirmed before any Judicial Officer, Registrar and Deputy Registrar of the Tribunal Notary, District Registrar or Sub-Registrar, the Chief Ministerial Officer of any civil or criminal court in the State or any Advocate.
84. Affidavits of illiterate, blind etc. – Where an affidavit is sworn or affirmed by any person who appears to be illiterate, blind or unacquainted with the language in which the affidavit is written, the attestor shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent and that he seemed to understand it, and made his signature or mark in the presence of the attestor in Form No.15.
85. Identification of deponent – If the deponent is not known to the attestor, his identity shall be testified by a person known to him. The identifying person shall affix his signature in token thereof.
86. Annexures to the affidavit – Document accompanying an affidavit shall be referred to therein as Annexure No…….. The attestor shall make the following endorsement thereon:
“This is the document marked as Annexure No…… in the Affidavit of ………………
Name & designation of the attestor with date”
DISCOVERY, PRODUCTION AND RETURN OF DOCUMENTS
87. Application for production of documents, form of summons – (a) Except otherwise provided hereunder, discovery, production and return of documents shall be regulated by the provisions of the Code of Civil Procedure, 1908. (b) An application for summons to produce documents shall be in Form No.III to the Procedure Rules setting out (i) the document(s) the production of which is sought (ii) the relevancy of the document(s) and (iii) in case where the production of a certified copy would serve the purpose, whether application was made to the proper officer and the result thereof. (c ) A summon for production of documents in the custody of a public officer other than a court shall be in Form No. 16 and shall be addressed to the concerned Head of the Department or such other authority as may be specified by the Tribunal. 88. Suo motu summoning of documents – Notwithstanding anything contained in these Rules, the Tribunal may, suo motu, issue summons for production of Public documents or other documents in the custody of a public officer.
89. Marking of documents – (a) The documents when produced shall be marked as follows :-
(i) If relied upon by the applicant’s side they shall be numbered as `A’ series.
(ii) If relied upon by the respondent’s side they shall be marked as `R’ series.
(iii) The court exhibits shall be marked as `C’ series (b) The Tribunal may direct the applicant to deposit in Tribunal by way of IPO/DD drawn in favour of the Registrar a sum sufficient to defray the expenses for transmission of the records before the summons is issued.
90. Return and transmission of documents – (a) An application for return of the documents produced shall be in Form No. III given under the Procedure Rules. No such application shall be entertained after the destruction of the records. (b) The Tribunal may, at any time direct return of documents produced subject to such conditions as it deems fit.
EXMAMINATION OF WITNESSES AND ISSUE OF COMMISSIONS
91. Procedure for examination of witnesses, issue of commissions, etc. – The provisions of Orders XVI and XXVI of the Code of Civil Procedure, 1908 shall mutatis mutandis apply in the matter of summoning and enforcing attendance of any person and examining him on oath and issuing commission for the examination of witnesses or for production of documents.
92. Examination in camera – The Tribunal may in its discretion examine any witness in camera.
93. Form of oath/affirmation to witness – Oath shall be administered to a witness in the following form:- “I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth and nothing but the truth.”
94. Form of oath/affirmation to interpreter - Oath or solemn affirmation shall be administered to the interpreter in the following form before his assistance is taken for examining a witness:- “I do swear in the name of God/Solemnly affirm that I will faithfully and truly interpret and explain all questions put to and evidence given by witness and translate correctly and accurately all documents given to me for translation.”
95. Officer to administer oath – The oath or affirmation shall be administered by the court officer of the Commissioner as the case may be.
96. Form-recording of deposition – (a) The Deposition of witness shall be recorded in Form No. 17.(b) Each page of the deposition shall be initialled by the Members constituting the Bench or the Commissioner. (c ) Corrections if any, pointed out by the witness may, if the Bench/Commissioner is satisfied, be carried out and duly initialled. If not satisfied, a note to that effect be appended at the bottom of the deposition.
97. Numbering of witness – The witnesses called by the applicant/petitioner shall be numbered consecutively as PWs and those by the respondents as RWs.
98. Grant of discharge certificate – Witness discharged by the Tribunal may be granted a certificate in Form No.18 by the Registrar.
99. Witness bhatta payable - (a) Where the Tribunal issues summons to a Government servant to give evidence or to produce documents, person so summoned may draw from the Government traveling and daily allowance admissible to him as per Rules. (b) Where there is no provision for payment to TA and DA by the employer to the person summoned to give evidence or to produce documents, he shall be entitled to be paid as bhatta, a sum found by the Registrar sufficient to defray the traveling and other expenses having regard to the status and position of the witness. The party applying for the summons shall deposit with the Registrar the amount of bhatta as estimated by the Registrar well before the summons is issued. If the witness is summoned as a court witness the amount estimated by the Registrar shall be paid as per the directions of the Tribunal. (c ) The aforesaid provision would govern the payment of bhatta to the interpreter as well.
100. Records to the furnished to the Commissioner – The Commissioner shall be furnished by the Tribunal with such of the records of the case as the Tribunal considers necessary for executing the Commission. Original documents will be furnished only if a copy will not serve the purpose or cannot be obtained without unreasonable expense or delay. Delivery and return of records shall be made under proper acknowledgement.
101. Taking of specimen handwriting, signature, etc. – The Commissioner may , if necessary, take specimen of the handwriting, signature or finger print of any witness examined before him.
CHAPTER XVIIIPRONOUNCEMENT OF ORDER
102. Order – The final decision of the Tribunal on an application/petition before the Tribunal shall be described as “Order”.
103. Operative portion of the Order – All order/directions of the Bench shall be stated in clear and precise terms in the last paragraph of the order.
104. Corrections – The Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page.
105. Pronouncement of order – (a) The Bench shall as possible pronounce the order immediately after the hearing is concluded. (b) When the order are reserved, the date for pronouncement not later than weeks shall be fixed. The date so fixed shall not be changed except due notice to all parties/counsel. (c) Reading of the operative portion of the order in the open court shall be deemed to be pronouncement of the order. (d) Any order reserved by a Circuit Bench of the Tribunal may be pronounced at the principal place of sitting of the Bench in one of the aforesaid modes as exigencies of the situation require.
106. Pronouncement of order by any one Member of the Bench – (a) Any one Member or the Bench may pronounce the order for and on behalf of the Bench. (b) When an order is pronounced under this Rule, the court officer shall make a note in the order sheet that the order of the Bench consisting of ……….was pronounced in open court by the Bench consisting of ………………….
107. Authorising any Member to pronounce order – (a) If the Member of the Bench who heard the case are no readily available or have ceased to be Members of the Tribunal, the Chairman/Vice-Chairman may authorize any other Member to pronounce the order on his being satisfied that the order has been duly prepared and signed by all the Members who heard the case. The order pronounced by the Member so authorized shall be deemed to be duly pronounced. (b) The Member so authorized for pronouncement of the order shall affix his signature in the order sheet of the case stating that he has pronounced the order s provided in this rule. (c ) If the order cannot be signed by reason of death, retirement or resignation or for any other reason by any one of the Members of the Bench who heard the case, it shall be deemed to have been released from part-heard and listed afresh for hearing.
108. Making of entries by court officer – Immediately on pronouncement of an order by the Bench, the court officer shall make necessary endorsement on the case file regarding the date of such pronouncement, the nature of disposal and the constitution of the Bench pronouncing the order. He shall also make necessary entries in the court diary maintained by him.
109. Transmission of order by the court officer – The court officer shall immediately on pronouncement, transmit the order with the case file to the Deputy Registrar (Judicial). (b) On receipt of the order from the court officer, the Deputy Registrar shall after due scrutiny himself that the provisions of these Rules have been duly complied with and in token thereof affix his initials, with date on the outer cover of the order. The Deputy Registrar shall thereafter cause to transmit the case file and the order to the Judicial Branch for taking expeditious steps to prepare copies and their communication to the parties.
110. Format of order – (a) The format of order of the Tribunal shall be in Form No.19. (b) All orders shall be neatly and fairly typewritten in double space on one side only on durable foolscap folio paper of metric A-4 size (30.5 cms. long and 21.5 cms. wide) with left side margin of 5 cms. and right side margin of 2.5 cms. Corrections, if any, in the order shall be carried out neatly . Sufficient space may be left both at the bottom and at the top of each page of the order to make its appearance elegant.(c ) Members constituting the Bench shall affix their signatures in the order of their seniority from right to left.
111. Costs – (a) Unless otherwise quantified by the Tribunal, when costs are awarded in a case, the same shall be determined as follows:-
(i) For applicant(s) Rs.500 Legal Practitioner’s fee Rs.150 Expenses
(ii) For Respondent(s) Rs.500 Legal Practitioner’s fee Rs.100 Expenses(b) Only one set of costs shall be awarded to the applicants as also when the same counsel appears for more than one respondent. (c ) When costs are awarded a Bill of Costs in Form No. 20 shall be prepared giving the details of the costs awarded to the parties and annexed to the order.
112. Compliance of urgent orders – (a) Whenever the Bench passes an order, final or inter-locator, requiring immediate compliance, the court officer shall immediately transmit the case file and the order to the Deputy Registrar (Judicial) who shall ensure prompt action on the same day. (b) Files with Dasti orders should be stapled with “To-day” flags and superscribed with OA/TA/RA/CP/MA/PT No. with the signature of the court officer with date.
113. Placing copies/common orders – When more than one case is disposed of by a common order, the Judicial Branch shall keep the original order in the main case and a certified copy in the other connected case files. In the order sheet of the connected case(s), the Section Officer in-charge of the Judicial Branch shall note that the original order is kept in the main case file (giving its number).
114. Indexing of case files disposal – After communication of the order to the parties/Legal Practitioners, the official concerned shall arrange the records with pagination and prepare the Index Sheet in Form No.21. He shall affix initials and then transmit the records with the Index initials to the records room.
115. Transmission of files/records/orders – Transmission of files/records of the cases/orders shall be made only after obtaining acknowledgement in the movement register maintained at different sections/levels as per the directions of the Registrar.
116. Copies of orders in Library – (a) The Section Officer of the Judicial Branch shall send copies of every order (final) to the Library. (b) Copies of all orders received in each month shall be kept at the Library in a separate folder, arranged in the order of date of pronouncement, duly indexed and stitched. (c) At the end of every year a consolidated index shall be prepared and kept in a separate file in the Library. (d) The order folders and the indices may be made available for reference in the Library to the Legal Practitioners.
GRANT OF CERTIFIED COPIES AND FREE COPIES
117. Form and fee of application – (a) Every application for grant of certified copy shall be in Form No.22 and accompanied with a non-refundable fee for Rs.5 ((Rupees Five only) in the form of IPO/DD drawn in favour of the Registrar and payable at the place of the Bench of the Tribunal.(b) If the certified copies applied for are for more that one document in the same cases, only one copy application need be filed.
118. Right of the party to obtain certified copy – A party to an application/petition or his legal practitioner shall be entitled to obtain certified copy of the record, preceding or original document filed in case on payment of prescribed fee.
119. Application for copies by stranger – (a) Applications for copies of documents (other than orders) by person not parties to the proceedings shall be allowed only by order of the Registrar obtained on a duly verified petition in Form No.III of the Procedure Rules, setting forth the purpose for which the copy is required on payment of prescribed fee. (b) Copies of orders can however, be granted to any person on payment of prescribed fees..
120. Register of copy application and requisition register – (a) A Register of Copy Application shall be maintained in Register Form No. 10 and a Requisition Register in Register Form No.11 in the copying Branch. (b) Entries in respect of urgent copy applications shall be underlined in red ink/pencil.
121. Copying fee – The copying fee payable for obtaining an ordinary copy shall be at the rate of Rs.1 per page and for urgent copy at the rate or Rs.2 per page irrespective of the number of word/lines in each page.
122. Scrutiny of copy application, requisitioning of case records and rectification of defects – (a) If the application is in order necessary entries shall be made in the Register of Copy Application and the Requisition Register and the same sent to the official-in-charge of records. The officer-in-charge of the records shall promptly transmit the records along with the application after making an entry in the application and initialling the same. (b) If the application is found to be defective the same shall be notified on the Notice Board of the Registry. If the defects are not rectified within three days from the date of such notification, the copy application shall be struck off. The application shall be deemed to have been made on the date of rectification of all defects.
123. Determination of additional copying fee – On receipt of the records of officer-in-charge of copying section after satisfying that the records are completed shall determine the additional copying fee payable over and above the copying fee of Rs.5 already paid and make an entry thereof is the application with his initials. Additional fee payable shall be notified on the Notice Board of the Registry.
124. Remittance of additional copying fee – Additional copying fee shall be remitted by the applicant between 10.30 a.m. and 4.30 p.m. in the form of IPO/DD drawn in favour of the Registrar and payable at the place of the Bench within two days, in the case of urgent copy, and within seven days in the case of ordinary copy from the date of notice. If the additional fee payable is not remitted within the same notified, the application shall be struck off.
125. Order of preparation of certified copy – Certified copies shall be prepared in the order in which they become ready in all respects. Urgent applications shall take precedence over all ordinary applications.
126. Time limit for issue of urgent/ordinary copy – Urgent copy shall be delivered to the applicant as far as possible within three days and ordinary copy within ten days from the date the application is ready in all respects.
127. Notifying when copies are ready for delivery and consequence of not taking delivery – (a) On each working day before 11.30 a.m. , the officer in-charge of the copying branch shall cause to prepare in duplicate in Form No.23, a list of cases in which certified copies are ready for delivery and publish one coy of the same on the notice board of the Registry with his signature, and the other copy shall be retained for record. (b) If the applicant fails to take delivery within three months, the certified copy prepared shall be destroyed and the copying fee paid forfeited to Government.
128. Proper accounting of copying fee received – The Officer in-charge shall ensure that the copying fee received in the registry is promptly accounted in the IPO/DD Register and transmitted to the cash section for crediting them to the Government account.
129. Preparation and comparison of certified copy – (a) Certified copy shall be made by photocopying process or by typing. When the copy is so made, it shall be compared by the official in-charge of preparing the copy with the document of which the copy is made, aided by another official in the copying branch. He shall, after satisfying himself that the copy prepared faithfully and legibly reproduces the document desired, appended a certificate as under and affix his initials: “Certified that this is a true and accurate copy of the document/order as in the case file (OA/RA/TA/CP/MA/PT No…./19……../20……..) and that all the matter appearing therein have been legibly and faithfully copied with no modifications.” (b) He shall affix an endorsement on the last page of the coy as under and put his initials:
(i) Serial No. of the coy of application
(ii) Name of the applicant
(iii) Date of presentation of application
(iv) No. of pages
(v) Copying fee charged/urgent or ordinary
(vi) Date of preparation of copy
(vii) Date on which copy is ready
(viii) Date of delivery(c ) The certificate and the endorsement shall be made with the help of a rubber stamp got prepared for that purpose. The entries however shall be made in ink. (d) The officer authorized to issue the copy shall affix his signature below the endorsement and cause to affix the seal of the Tribunal on all pages of the copy and also initial wherever there are corrections.
130. Re-transmission of case records – On completion of the preparation of the certified copy, the officer-in-charge of the copying section shall re-transmit the records of the case to the concerned branch, after making necessary entries in the Requisition Register and obtain acknowledgement of the official, who receives back the records, in the relevant column of the Register.
131. Mode of delivery of certified copy – At the time of the delivery of the certified copy, the official concerned shall obtain the signature of the applicant in the relevant column in the Register of Copy Applications, record the date of such delivery on the copy application and fill up relevant column regarding the date of delivery in the Endorsement stamped on the certified copy.
132. Request for certified copy by post. (a) Where the applicant desires to heave the certified copy sent to him by post, he shall send an additional sum of Rs.10 by way of IPO/DD drawn in favour of the Registrar and payable at the place of the Bench for defraying the postal charges etc. (b) If the amount sent is found to be inadequate, the applicant shall intimated to remit the said amount within the time specified. On receipt of the intimation, the applicant shall remit the amount in the manner provided in sub-rule(a) above and within the time specified.
133. Intimation of rejection – If for any reason the copy application is rejected, due intimation be given to the applicant and the refundable amount if any, returned to him.
134. Supply of free copy only once – Once free copy of the order is sent as provided in rule 22 of the Procedure Rules, the Tribunal shall not be required to furnish any more fee copies.
135. Certifying of free copies – Every free copy issued to a party or his legal practitioner in accordance with the Procedure Rules shall be certified to be “True Copy” and shall be superscribed “FREE COPY U/R 22 OF CAT (PROCEDURE) RULES” with rubber stamp and signed by the officer authorized in that behalf. He shall also cause to enter the date and other details of furnishing of such free copy in the Register of Free Copies in Register Form No.12.
136. Time for furnishing free copies – (a) Judicial branch of the Registry shall issue free copies of the order to the parties or their legal practitioners as provided under rule 22 of the Procedure Rules as far as possible within seven days from the date of pronouncement of the order. (b) If the free copy of the order is delivered by hand to parties/their legal practitioner, the officer in-charge shall obtain acknowledgement thereof in the relevant column in the Register of Free Copies.
137. Furnishing of free copy in a joint application – When joint application/petition is made, only one free copy of the order contemplated by rule 22 of the Procedure Rule shall be issued, either to their legal practitioners or if they are appearing in person, to any one of the applicants.
138. Furnishing of corrected free copy of order – Whenever clerical or typographical errors/mistakes in an order are rectified subsequent to the issue of the free copy thereof, the Registrar shall cause to issue a corrected free copy of such order to the parties/their legal practitioners in the prescribed manner.
APPEAL TO SUPREME COURT
139. Manner of service of order notice issued by the Supreme Court of India – Service of orders/notices on respondents ordered by the Supreme Court of India in an appeal or petition pending before that court shall be effected in the manner provided by the Supreme Court Rule, 1966 as amended from time to time.
140. Steps to comply with Supreme Court directions – (a) Unless otherwise ordered by the Supreme Court, the Appellant or his Advocate shall be notified to deposit the transmission charges and cost of preparation of record, if any, etc., within 15 days of the receipt of the notice. (b) When the party of Advocate fails to deposit the amount as aforesaid, the Registrar shall forthwith submit a report thereof to the Registrar of the Supreme Court of India.
141. Register of SLPs/Appeals – (a) A register in Form No.13 shall be maintained in regard to SLPs/Appeals against the orders of the Tribunal to the Supreme Court and necessary entries therein be promptly made by the Judicial Branch. (b) The register shall be placed for scrutiny by the Chairman/Vice-Chairman in the first week of every month.
142. Placing of Supreme Court orders before Chairman/Vice-Chairman/Members – Whenever an interim or final order passed by the Supreme Court of India in an appeal or other proceeding preferred against a decision of the Tribunal is received, the same shall forthwith be placed before the Chairman/Vice-Chairman/Members for information and kept in the relevant case file. Immediate attention of the Registrar shall be drawn to the directions requiring compliance.
143. Circulation of the orders of the Supreme Court – All orders of the Supreme Court including dismissal of SLPs shall be circulated to the Members of the Bench whose decision was challenged before the Supreme Court and kept in the relevant case file.
144. Registrar to ensure compliance of Supreme Court orders – It shall be the duty of the Registrar to take expeditious steps to comply with the directions of the Supreme Court.
RETENTION, PRESERVATION AND DESTRUCTION OF RECORDS
145. Procedure regarding retention, preservation and destruction of records – Retention, preservation and destruction of records shall be done in accordance with the rules contained in the CAT (Destruction of Records) Rules, 1990 given in Appendix V as amended from time to time.
146. Receipt, scrutiny and custody of records – The record keeper shall be the custodian and responsible for the records lodged in the Record Room. He shall receive the records sent to the record room and scrutinize the records within three days of the date of receipt of records in the record room.
147. Rectification of defects/securing of missing records – If on such scrutiny, any defect or missing of documents is found in the records, the Record Keeper shall intimate the same and remit the records back to the branch/section from which the records were received. Thereupon, the Section Officer in-charge of the concerned branch/section shall cause to take steps to rectify the defects/omission so pointed out, and after such rectification re-transmit the records to the record room within three days of its receipt from the record room.
148. Maintenance of Register of Records received in the record room – The Record Keeper shall maintain a register in Register Form No. 14 of Records received in the record room.
149. Entry regarding destruction – Entries regarding destruction shall be made in the relevant columns of REGISTER FORM NO. 14.
150. Preservation of records requiring permanent retention- Records required to be preserved permanently shall be stacked in bundles of convenient size, arranging them in chronological order. The bundle shall be wrapped in `Kora Cloth’ on which shall be attached labels indicating in chronological order register numbers of the cases included in each bundle. Such bundles shall be arranged serially and kept in the records room.
151. Retention of records beyond prescribed period – The Registrar may for reasons to be recorded in writing and with prior permission of the Chairman order that record of any particular case be preserved beyond the prescribed period provided under the Destruction Rules.
152. Circuit Benches – The provisions of these Rules shall mutatis mutandis govern applications entertained by circuit Benches subject to such adaptations as may by order be made by the concerned Vice-Chairman on being satisfied that it is necessary to do so in the interest of justice.
153. Use of computers – (a) The Chairman may issue such orders or directions as may be necessary for complying with the provisions for the relevant Rules of Practice with the aid of the computer and for effective use of the computer facility as and when introduced.(b) Compliance with such orders or directions issued by the Chairman from time to time shall be deemed to be due compliance of the provisions of the relevant Rules of Practice.
154. Classification of cases subjectwise/departmentwise – (a) The scrutiny branch of the Registry shall at the time of scrutiny make classification of the cases as follows :-
(iii) Cases which can be heard by a Single Member Bench
(b) The departmentwise classification shall be made in accordance with Appendix VI, as may be modified by the Chairman from time to time. (c) Subjectwise classification shall be make in accordance with Appendix VII, as may be modified by the Chairman from time to time. (d) Single member Bench cases shall be classified in accordance with Appendix VII as may be modified by the Chairman from time to time. (e) The classification as above shall be entered in the relevant columns in the report of scrutiny in Form No. 2/Form No.3, Order Sheet in Form No.4 and Facing Sheet of the final cover in Form No.5, referred to in rules 11 to 13 of these Rules.
155. Weekly and monthly statement – Furnishing of - (a) The Registrar of each Bench shall prepare a weekly progress report in Form No. 24 and circulate among all the Members of the Bench concerned. (b) The Vice-Chairman of the Bench concerned shall forward a consolidated monthly progress report in Form No.24 to the Chairman before the 7th of the each month. (c) The Registrar of the concerned Bench shall prepare a monthly statement in two parts as in Form No.25 regarding filing, disposal and pendency of cases and forward the same to the Registrar of the Principal Bench before the 7the of each month.
156. Inspection of Registry – (a) The Registrar or the Deputy Registrar designated by him shall conduct inspection of the sections twice a year viz., for the period from 1st January to 30th June and 1st July to 31st December, on such date as maybe found convenient. (b) The report of inspection of the Judicial Branch, Library, Administrative Branch and Record Room shall be as in schedules I to IV to Appendix IX, as may be modified by the Chairman from time to time. (c) The Section Officer concerned shall promptly comply with the directions of the Registrar and submit a report about due compliance to the Registrar within such time as the Registrar may grant. (d) The Registrar shall submit a report to the Chairman/Vice-Chairman containing brief summary of his inspection of the Registry, directions given by him to the sections and the steps taken for due compliance with such directions.
157. Due compliance with the Act, rules of Procedure and the Rules of Practice – The Registrar or any officer authorized by him may, for the purpose of satisfying himself that the provisions of the Act, the Rules of Procedure and the Rules of practice are duly complied with , make such enquiry as he deems fit and call upon such party, as he deems necessary to appear before him and pass such orders as he deems proper.
158. Removal of doubt/difficulty – If in the matter of implementation of these rules any doubt or difficulty arises, the same shall be placed before the Chairman and his decision thereon shall be final.
FORM NO. 1
[See rule 4(a)]
FORM OF INDEX
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
By Legal Practitioner Mr./Ms.
By Legal Practitioner/Government Pleader.
Sl. Brief description of proceedings/documents Page No. No. From To
Signature of the applicant
FOR USE BY THE REGISTRY
Date of presentation/Filing
Date of Receipt by post
Registration (Diary) No.
FORM NO. 2
[See rule 11 (b)]
CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
Report on the scrutiny of Application
Presented by :………………….. Date of presentation …………………
Applicant (s) :………………….
Respondent (s) :………………..
Nature of grievance :…………
No. of applicants :……………… No. of Respondents:………………….
* 1. Is the application in the proper form? (Three complete sets in paper book form in two compilations)
2. Whether name, description and address of all the parties Been furnished in the cause title?
3. (a) Has the Application been duly signed and verified? (b) Have the copies been duly signed? (c) Have sufficient number of copies of the application been filed?
4. Whether all the necessary parties are impleaded?
5. Whether English translation of documents in a language other than English or Hindi been filed?
6. Is the application in time? (See section 21)
7. Has the Vakalathnama/Memo of appearance/authorization
8. Is the application maintainable? (u/s 2, 14, 18 or U.R. 8 etc.)
9. Is the application accompanied by IPO/DD for Rs.50?
10. Has the impugned orders original/duly attested legible copy been filed?
11. Have legible copies of the annexures duly attested been filed?
12. Has the Index of documents been filed and pagination done properly?
13. Has the applicant exhausted all available remedies?
14. Has the declaration as required by item 7 of Form I been made?
15. Have required number of envelopes (file size) bearing full address of the respondents been filed?
16. (a) Whether the reliefs sought for, arise out of single cause of action? (b) Whether any interim relief is prayed for?
17. In case an M.A. for condonation of delay is filed, is it supported by an affidavit of the applicant?
18. Whether this case can be heard by Single Bench?
19. Any other point?
20. Result of the scrutiny with initial of the Scrutiny Clerk.
FORM NO. 2
[See rule 11 ]
CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
(Name of the Counsel, if any)
(Name of the Counsel, if any)
Subject : (No………..) Department : (No……)
REPORT OF THE SCRUTINY OF CONTEMPT OF COURT PETITION
1. Whether the name (including as far as possible, the name of Father/mother/husband), age, occupation and address of the Petitioner(s) and the respondent(s) are given?
Note :- Where respondent is an officer, his name, designation, and office address above are enough.
2. Whether the parties impleaded as petitioner(s) and respondent(s) are proper?
Note :- (a) In case of civil contempt for disobeying the order of the Tribunal, it is the party in whose favour the direction is issued that can be impleaded as petitioner and the party against whom the direction is issued can be impleaded as the respondent. (b) In case of criminal contempt, the party who is alleged to have committed contempt, that can be impleaded as respondent.
3. Nature of the Contempt (Civil/Criminal) and the provisions of the Act invoked?
4. (a) Date of alleged Contempt? (b) Date of filing of the Contempt Petition? (c ) Whether the petition is barred by limitation under section
20 of the Contempt of Courts Act, 1971?
5. (a) Whether the grounds and material facts constituting the alleged contempt are given?
(b) Whether the grounds and facts alleged in the petition are divided into paragraphs and numbered?
(c ) Whether the petition is accompanied by supporting documents or certified/photostat (attested) copies of the original thereof?
(d) If the petitioner relies upon any other document(s) in his possession, whether copy of such document(s) is/are filed along with the petition?
(e) Whether the petition and its annexures have been filed in a paper-book from and duly indexed and paginated?
(f) Whether three complete sets of the paper-books have been filed?
(g) Whether equal number of extra copies of paper-books have been filed in case there are more respondents than one?
6. Whether the nature of the order sought from the Tribunal is s stated?
7. Whether the petition is supported by an affidavit sworn to by the petitioner verifying the facts relied upon?
Note :- No affidavit is required if the Motion is by Attorney General/Solicitor General/Additional Solicitor General.
8. Whether the petitioner or his Advocate have signed the petition indicating the place and date?
9. In case of Civil Contempt whether the petition is accompanied by a certified copy of the judgement/decree order/writ/undertaking alleged to have been disobeyed by the alleged contemner?
10. (a) In case of criminal contempt, not covered by section 14* of the Contempt of Courts Act, whether the petitioner has produced the consent obtained from the Attorney General/Solicitor General/Additional Solicitor General? (b) If not, whether the petition contains the reasons thereof? *Contempt committed in the presence or hearing of the Member(s)
11. Whether the petitioner had previously made a Contempt Petition on the same facts? If so, have the following been furnished : (a) Number of the petition? (b) Whether the petition is pending? And (c) If disposed of, nature/result of the disposal with date?
12. Whether the craft charges are enclosed in a separate shee?
FOR ATTENTION Orders on the administration side have to be obtained from the Chairman/Vice Chairman or Member designated in case of action for criminal contempt, as required by Rule 7 (ii) before placing for preliminary hearing.
FORM NO. 4
[See rule 12]
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
Application No………….of 19…../20………..
Advocate for Applicant(s) Advocate for Respondent(s)
Notes of the Registry Orders of the Tribunal
FORM NO. 5
[See rule 13]
CENTRAL ADMINISTRATIVE TRIBUNAL………..BENCH
TRANSFERRED/ORIGINAL APPLICATON NO.
REVIEW APPLICATION NO.
PETITION FOR TRANSFER NO……………….. } of 19…../20…..
C.P. (CIVIL/CRIMINAL) NO…………………… }
BY ADVOCATE SHRI…………………………. }
BY ADVOCATE SHRI…………………………. }
MEMO OF HEARINGS SUBJECT:
DEPARTMENT : _________________________ _________________________ Nature of Grievance: _________________________ Date of impugned Order: _________________________ Presentation _________________________ Date of -------------------- Re-presentation _________________________ Date of Resignation: _________________________ Date of Admission: _________________________ Date and nature of final disposal :
R.A. if any filed & number thereof: Nature of disposal of R.A. : C.P. if any filed & number thereof: Result of C.P. : S.L.P./Appeal, if any filed & number thereof: Result of S.L.P./Appeal filed : Date of consignment of Record Room : FORM NO. 6 [See rule 17]
CENTRAL ADMINISTRATIVE TRIBUNAL………..BENCH
The papers filed in the following cases have been found on Scrutiny to be defective. Hence, it is hereby notified that the applicant(s) Respondent(s) or his/their Legal practitioner is/are required to rectify the defects in the Registry itself if they are formal in nature or to take back the papers for rectification of the defects and representation if they are not formal in nature, within the time shown against each case.
Sl. Diary No. Papers in By whom defects Whether the Time granted No. Appln. No. which defects are to be rectified defects are rectification/ are notices formal in representation nature or not
1 2 3 4 5 6
Dated this ……………date of …………………19…../20…………..
FORM NO. 7
[See rule 25 ]
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
No……….. of 19…………/20…………. Between
By Advocate Shri ……………………………. and
By Advocate Shri …………………………….
PROCESS MEMO Please issue notice/process to the following parties and a sum of Rs……….is paid herewith by way of IPO/DD No……of ……..
Rank of the Party in the Proceeding Name of the Party Address of service
1 2 3 ________________________________________________________________________
Place:……………….. Counsel for the Petitioner/Applicant
Date:………………… Central Government Standing
FORM NO. 8
[See rule 29 ]
CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
Advocate Shri …………………………….
Advocate Shri …………………………….
Whereas an application filed by the above named applicant under section 19 of the Administrative Tribunal Act, 1985, as in the copy annexed hereunto has been registered and upon preliminary hearing the Tribunal has directed that you should be given an opportunity to show cause why the application should not be admitted. Notice is hereby given to your to appear in this Bench of the Tribunal in person or through a Legal Practitioner/Presenting Officer in this matter at 10.30 a.m. of the …………day of …………….19…………/20………………
By order of the Tribunal
FORM NO. 9
[See rule 29 ]
CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
Original Application No……………./19………../20…….
(By Advocate Shri …………………………….)
(By Advocate/Central Government/
Standing Counsel/Government Pleader Sh………..)
Whereas an application filed by the above named applicant(s) under section 19 of the Administrative Tribunal Act, 1985, as in the copy annexed hereunto has been registered and upon preliminary hearing the Tribunals admitted the application. Notice is hereby given to you that if you wish to contest the application, you may file your reply along with the documents in support thereof and after serving copy of the same on the applicant or his Legal Practitioner within 30 days of receipt of the notice, before this Tribunal, either in person or through a legal practitioner/Presenting Officer appointed by you in this behalf. In default, the said application may heard and decided in your absence on or after that date without any further notice. Issued under my hand and the seal of the Tribunal this the………….day of ……………… 19…………………/20………………
(By order of the Tribunal) Registrar FORM NO. 10 [See rule 57(a) ] CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH Pending/Disposed of OA/RA/CP………….NO…………..of …………19…./20……
…………………………………………………………………………..Applicant(s) versus ……….………………………………………………….……………Respondent(s) APPLICATION FOR INSPECTION OF DOCUMENTS/RECORDS I hereby apply for grant of permission to inspect the document/records in the above case.
The details are as follows :- __________________________________________________________________ 1. Name and address of the person seeking inspection: __________________________________________________________________ 2. Whether he is a party to the case/his legal Practitioner and if so, his rank therein: __________________________________________________________________ 3. Details of the papers/documents sought to be inspected __________________________________________________________________ 4. Reasons for seeking the Inspection: __________________________________________________________________ 5. The date and duration of the inspection sought: __________________________________________________________________ 6. Whether any fee is payable and if so, the mode of payment: __________________________________________________________________
Date :…………………… Applicant
Granted inspection for ……………hours on …………./rejected
FORM NO. 11
[See rule 62 ]
CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
MEMO OF APPEARANCE
I, ……………………..having been authorized……………..(here furnish the particulars of authority) by the Central/State Government/Government Servant/….. authority/corporation/society notified under section 14 of the Administrative Tribunals Act, 1985, hereby appear for applicant No……/Respondent No….. and undertake to plead and act for them in all matters in the aforesaid case.
Date:………………. Signature and Designation of the Counsel
Address of the Counsel for service
FORM NO. 12
[See rule 67 ]
CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
I, ……………………, Applicant No……………../Respondent No………… in the above application/petition do hereby appoint and retain Shri……………………………………. Advocate/s to appear, plead and act for me/us in the above application/petition and to conduct and prosecute all proceedings that may be taken in respect thereof including Contempt of Court Petitions and Review Applications arising there from and applications for return of documents, enter into compromise and to draw any moneys payable to me/us in the said proceeding.
Place:……………… Signature of the
Executed in my presence. “Accepted”
*Signature with date Signature with date
(Name and Designation) (Name of the Advocate)
Name and address of the
Advocate for Service
* The following certification to be given when the party is unacquainted with the language of the vakalath or is blind or illiterate. The contents of the vakalath were truly and audibly read over/translated into …………… language known to the party executing the vakalath and he seems to have understood the same.
Signature with date (Name and Designation) FORM NO. 13 [See rule 75(a) ]
CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH Non-Transferable Identity Card Reg. No……………… Shri……………..Aged……………. S/o Shri ……………………………(Address) has been registered as a Clerk of Shri………… Legal Practitioner…………………………… ……………………………………………… (Address)
and that he is entitled in connection with his employer’s business to have access to the Registry of the CAT……………Bench. The Identity Card is valid from………………….. Specimen signature of the Registered Clerk. Specimen signature of the Advocate. Seal of the Tribunal Deputy Registrar(J) Date……………… FORM NO. 14 [See rule 81(a) ]
CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
OA/RA/TA/PT/CP(Civil/CP (Criminal)/No……….…..of …………19…./20…… …………………………………………………………………………..Applicant(s) versus ……….………………………………………………….……………Respondent(s) AFFIDAVIT
I, ……………………………..aged…………years, son/daughter/wife of (name and occupation of the deponent) ………………residing at………………………. do hereby swear in the name of God/solemnly affirms and state as follows:- Para 1 Para 2 Para 3
Contents of paragraphs Nos………..to ………are within my personal knowledge and contents of paragraph Nos………to ………….are based on information received by me which I believe the same to be true (state the source of information wherever possible and the grounds for belief, if any)
Place:……………….. Signature of the Deponent
Date:………………… Name in Block letters
No. of corrections on page Nos.
Identified by: * ……………………………………………………………………………………………… Sworn/solemnly affirmed before me on this the …………….day of ………..19…./20….. Signature (Name and designation of the Attesting Authority with seal) * To add endorsement in Form No.15 when necessary.
FORM NO. 15 (See rule 84) Certification when deponent is unacquainted with the language of the affidavit or is blind or illiterate. Contents of the affidavit were truly and audibly read over/translated into …………………language known to the deponent and he seems to have understood the same.(Signature) Name and designation with date
FORM NO. 16 [See rule 87(c) ] CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH OA/RA/CP (Civil/Crl.)/PT/MA No….. of 19…………/20…………. Between ………………………………………………………..Applicant/s By Advocate Shri ……………………………. And ………………………………………………Respondent/s By Advocate Shri ……………………………. To
Whereas the Tribunal suo motu or on consideration of the request made by Shri………………………. (Applicant/Respondent No.) having been satisfied that production of the following documents/records under your control/custody is necessary for proper decision of the above case, you are hereby directed to cause production of the said documents/records before this Tribunal/forward duly authenticated copies thereof on or before the ………………..day of ………….19………/20…………… (Enter description of documents requisitioned)
“By Order of Tribunal”
FORM NO. 17 [See rule 96 ] CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH TA/OA/RA/CP (Civil/Crl.)/PT/MA No….. of 19…………/20…………. DEPOSITION OF PR/RW
2. Father’s/Mother’s/Husband’s name:
5. Place of Residence and address:
6. Name of the Officer administering the oath/affirmation:
7. Name of the Interpreter if any, duly sworn/solemnly affirmed:
Duly sworn/solemnly affirmed
Examination-in-chief : By Date………………….
Re-examination, if any:
(Signature of the witness on each page)
Statement was read over/translated to the witness who admitted it to be correct.
Signature of the Member of the
FORM NO. 18
(See rule 98)
CERTIFICATE OF DISCHARGE
Certified that……………………….appeared before this Tribunal as a witness/in/OA/
RA/TA/PT/CP (Civil)/Crl.)/MA No…………..of 19……/20……, on behalf
of the applicant/petitioner/respondent/as court witness on this the …….day of 19…./20……
and that he was relieved at ………………….on ……………….. . He was paid/not paid any
T.A. and D.A./Batta of Rs…………………
Date:…………… Signature of Registrar
(Seal of the Tribunal)
FORM NO. 19
[See rule 110 ]
CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
FORMAT OF ORDER
OA/TA/CP (Civil/Crl.)/MA/PT No….. of 19…………/20………….
…………………..this the ………………day of ……………..19/…..…20……….
(Here enter name and full address of applicant(s)
By Advocate Shri…………………………………….
(Here enter name and full address of respondent(s)
By Advocate Shri…………………………………….
Central Government Standing Counsel/Government Pleader
* Here enter name of the Chairman/Vice-Chairman/Member dictating or writing the order.
Here put the initials of the Stenographer who types the order.
FORM NO. 20
[See rule 111(c)]
BILL OF COSTS
(To be annexed to the order)
OA/RA/TA/PT/CP/MA No….. of 19…………/20………….
Costs awarded to Applicant No………………./Respondent No……….. and payable
by Applicant No………………/Respondent No………………..
(i) Legal Practitioner’s fee : …………..Rs………………
(ii) Expenses …………..Rs………………
Seal of Tribunal
Note :- No bill of costs need be prepared or annexed, if costs are not awarded.
FORM NO. 21
[See rule 114 ]
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL …….BENCH
OA/TA/RA/CP/MA/PT No……….…..of …………19…./20……
SERIAL NO. DESCRIPTION OF DOCUMENTS PAGE
Certified that the file is complete in all respects. ……………………………. ………………………….. Signature of S.O. Signature of Deal. Hand Form No. 22 (See Rule 117) Central Administrative Tribunal ……………….Bench OA/RA/TA/PT/CP/Civ./Crl./ MA ……………19………/20….….. _________________________________________________________Applicant(s) Versus _________________________________________________________ Respondent(s) APPLICATION FOR GRANT OF CERTIFIED COPY
1. Name & address of the applicant who : is applying for certified copy
2. Whether the applicant is a party to the : Cases, if not whether the applicant under Rule 126 is filed
3. Whether the cases is pending or disposed of :
4. Description with date of the documents of : Which date of the document of which applied for
5. No. of copies required and nature of a : Applicant (whether urgent or ordinary) Details of the fee remitted also with the : Applicant
Signature of the applicant Counsel of the applicant Dated the…………………… day of …………………………………. FOR OFFICE USE Granted/Rejected Additional copying Fee payable/paid & details thereof. (Initials of the Officer-In-Charge)
Form No. 23
(See Rule 127)
CENTRAL ADMINISTRATIVE TRIBUNAL ……………….BENCH
NOTIFICATION OF CERTIFIED COPIES READY FOR DELIVERY
Sl. Copy Application Name of the Applicant Case No. Date on which copy.
No. No is ready for delivery ___________________________________________
1 2 3 4 5
(Signature of Officer-in-charge with date)
Form No. 24 [See Rule 155(a) & (b)] CENTRAL ADMINISTRATIVE TRIBUNAL ……………….BENCH PART I ………..……………..BENCH STATEMENT SHOWING DISPOSAL OF CASES DURING THE WEEK/MONTH………………….
Member of the Bench
Full Part of
Day a day
Restored(Excl.MAs)No. of Cases Disposed of at the admission stage No. of Cases Disposed Of at the final hearing stage Reserved Oral Matters Total Disposal(6+7)No. ofcases reserved for Judge-ment
CATEGORY-WISE STATEMENT OF INSTITUTION AND DISPOSAL FOR THE WEE/MONTH………………………
Category ofcases Fresh Institution No. of casesrestored/remanded Disposal Arrears increased by (+) or decreased by (-) (1+2
1 2 3 4
TAs OAs RAs RAs (By circulation)
Form No. 24
[See Rule 155(c)]
STATEMENT SHOWING THE POSITION REGARDING INSTITUTION, DISPOSAL AND PENDENCY OF CASES FOR THE MONTH OF ………….. IN RESPECT OF …………………BENCH
No. of casesPending at the beginning of the month Cases instituted/receivedduring Total for disposal CasesDisposedOf during No. of casesPending at the end of the month Cumulative Figures total of disposal from 1st January
A B C D E F
Received Freshly Total Received Freshly Total Out of Out of cases Total by transfer instituted 1+2 by instituted 4+5 cases freshly 9+10 Transfer received instituted by transfer
1 2 3 4 5 6 7 8 9 10 11 12
YEAR-WISE BREAK-UP OF PENDING CASES
Name of the Bench
Category of cases 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991
TA DB SB OA DB SB CP DB SB CA DB SB RA DB SB MAs DB SB
Note:-The number of cases pending at the places where there is a Bench of the Tribunal (Other than Principal Seat) or where a Circuit sitting is held and the number of cases disposed of in each such Bench of circuit sitting may be furnished separately.
Note:- OA denotes Original Applications Instructions: TA denotes Transferred Applications 1. Due date of receipt of the statement CA denotes Civil Applications in PB is 7th of the following month. CP denotes Contempt Petitions (Civil/Criminal) 2. Total must cross tally. RA denotes Review Applications 3. Information be furnished in figures. MA Miscellaneous Applications
CENTRAL ADMINISTRATIVE TRIBUNAL…………………………..BENCH
REGISTER NO. 1 [See rule 10(b)] INWARD REGISTER
Dy. Nature of the Name of the Application fee Initial with Date of Initial of the Remarks No. Application/ party/legal Additional date of the transmission Receiving Pleadings, etc. Practitioner process fee receiving to Scrutiny Clerk in the Received Presenting paid clerk Branch ScrutinyBranch
1 2 3 4 5 6 7 8FORM OF REGISTER NO. 2 [See rule 15(h)] CENTRAL ADMINISTRATIVE TRIBUNAL…………………………..BENCH FOR THE YEAR 19….20…. REGISTER OF ORIGINAL APPLICATIONS TRANSFERRED APPLICATIONS CONTEMPT PETITIONS PETITIONS FOR TRANSFER MISECELLANEOUS APPLICATIONS Sl. No. Application No. Date of filing & registration Name & address of the applicant Name of the Advocate for the applicant Name and address of the respondent Name of the Advocate for the respondents Subject matter Date of admission 1 2 3 4 5 6 7 8 9 1. 2. 3. 4. 5. Particulars of interim orders in the application Date & result of the final order Whether Disposed of by SB/D/FB Information regarding appeal if any, filed in the Supreme Court and the result thereof. Date of transmission of records to Record Room Remarks 10 11 12 13 14 15 1. 2. 3. 4. 5. REGISTER NO. 3 [See rule 16] CENTRAL ADMINISTRATIVE TRIBUNAL…………………………..BENCH IPO/DD REGISTER Sl No. Diary No./ Application No. Name of the Party Remitting IPD/CO Purpose Of IPO/DD Particulars of IPO/DD Initials with Date of clerk Receiving the IPO/DD Initials with date of Official receiving IPO/DD in Cash Sec. Remarks No. & Dt. Amount Name of PO/ Bank of issue 1 2 3 4 5 6 7 8 9 10 ____________________________________________________________________________________________________________________ REGISTER NO. 4 [See rule 21(a)] CENTRAL ADMINISTRATIVE TRIBUNAL …………………………..BENCH COURT DIARY Date……………… COURT HALL NO. Day of the week: Sl. No. No. of application Work done Date of which adjourned Remarks (1) (2) (3) (4) (5) Note : The following abbreviation shall be used in Column No. 3: Adj : Adjourned . Adm : Admitted notice ordered PH : Part Heard PH/Adj : Part Heard/Adjourned Dis. at Adm: Disposed of at admission stage JR : Judgment Reserved Dis/Alld.:Dismissed/Allowed Pt. A : Partly allowed. FORM OF REGISTER NO. 5 [See rule 39] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH READY LIST OF OAs/RAs/TAs/CPs (CIVIL/CRL.)/PTs/MAs Sl No No. of the case Whether SB/DB Date of inclusion In the ready list Whether Stands posted to any date Date of Removal from the ready list Remarks 1 2 3 4 5 6 7 FORM OF REGISTER NO. 6 [See rule 46] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH STAGE REGISTER Sl. No. Appln./ Petition Number Whether SB/DB Date of Admission/ Issue of note Date of next posting Whether Part-heard or not? Whether connected with any other pending case Date of Final hearing Date of disposal Remarks 1 2 3 4 5 6 7 8 9 10 Instructions: 1. Application/Petition shall be entered as far as possible in the order of their Registration Number. 2. In respect of Transferred Applications the corresponding W.P. No…/Suit No….. should be written in brackets. 3. Applications disposed of should be rounded off in red ink. 4. Cases which are ready for hearing should be underlined in green ink. FORM OF REGISTER NO. 7 [See rule 46] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH POSTING REGISTER Date:……………… (Note :- Separate page should be taken for each date) Sl. No. Application No./ Petition No. Whether Single Bench/ Division Bench Whether Part-heard or not? (if part-heard composition of the Bench)? Whether connected with any other pending case? If so give the number of the connected case(s) Remarks (1) (2) (3) (4) (5) (6) FORM OF REGISTER NO. 8 [See rule 60] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH REGISTER OF INSPECTION No. of Application/ Petition in which inspection is sought Name of the Parties in the Application/ petition Name & Address of the person seeking inspection Date & time of commencement of inspection with the initials of the person inspecting Date & time of the completion of Inspection with the initials of the person inspecting Inspection Fee, if any, paid Initials of the official who Supervise The inspection Remarks 1 2 3 4 5 6 7 8 FORM OF REGISTER NO. 9 [See rule 72] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH REGISTER OF REGISTERED CLERKS OF LEGAL PRACTITIONERS Sl. No Name of the Clerk with full address Date & No. of Regis-tration Name & Address of Legal Practitioner under whom employed Date of issue of identity Card Particulars of IPO/ DD received Signature of the Registered Clerks Signature of the Legal Practitioner Date of Cancellation of Registration Initials of the Registering/ Cancelling Authority Remarks 1 2 3 4 5 6 7 8 9 10 11 1. 2. 3. 4. 5. REGISTER FORM NO. 10 [See rule 120] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH REGISTER OF COPY APPLICATION Sl. No. Date of application Amount Received And particulars Of DD/IPO Name of the application Amount and Date of payment of additional fee Date of Preparation of copy Date of delivery of copy Signature of the person receiving Remarks 1 2 3 4 5 6 7 8 9 REGISTER FORM NO. 11 [See rule 120] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH REQUISITION REGISTER Sl. No. No. and date of Application Particulars of the file to be requisitioned Section to which requisition is sent Date of requisition Date of receipt of file in the copying section Date of receiving Back the file with initials Remarks 1 2 3 4 5 6 7 8 REGISTER FORM NO. 12 [See rule 135] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH DESPATCH REGISTER OF FREE COPIES OF ORDERS Sl. No. Case No. Name & address of the person to whom the free copy is sent No. of date of the postal Receipt, if sent by regd. Post/A.D. Amount of postage Signature of the Advocate/ Party taking Delivery with date Remarks 1 2 3 4 5 6 7 REGISTER FORM NO. 13 [See rule 141] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH REGISTER OF SLPs/ APPEALS TO SUPREME COURT Sl No No. of SLPs/appeal before the Supreme Court Number of the Case appealed against Name of the Applicant/ respondent Date of Dispatch of records To S.C Date of recd. of records from S.C SLP Dismissed/ Allowed with date Interim Direction If any With date Final Order In the Appeal With date Direction If any For Compliance By the Tribunal Steps Taken For compliance Remarks 1 2 3 4 5 6 7 8 9 10 11 12 ________________________________________________________________________________________ REGISTER FORM NO. 14 [See rule 148] CENTRAL ADMINISTRATIVE TRIBUNAL……..BENCH Sl. No. Case No. Date of disposal of the case by the Tribunal Name of the applicants & counsel Name of the respondents & counsel No. of appeal if any, before the S.C. & date of disposal Date of receipt of records in the record room Date upto which to be retained Date on which destroyed No. & date of Notification of destruction Part I Part II Part III Part I Part II Part III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 APPENDIX I [See rule 18(c)] No. 1/32/87-JA December 18, 1991 ORDER In supersession of the Order of the Chairman No. 1/32/87-JA dated 1.3.1988and in exercise of the powers conferred by sub-section (6) of section 5 of the Administrative Tribunals Act, 1985, I hereby authorize all the Members of the Central Administrative Tribunal to function as a Bench consisting of a Single Member and exercise the jurisdiction, powers and authority of the Tribunal in respect of classes of case specified in the Schedule w.e.f. 1-1-1992 subject to the following procedure:- (1) that the case does not involve validity of any statutory provision or interpretation of any of the provisions of the Constitution. (2) that it is open to either party to submit to the Single Member before the matter is taken up for admission for final hearing, that it may be placed before bench of two Members. If such a request is made at the outset, the Single Member shall direct that the case be placed before an appropriate Bench of two members. Once the case is taken up, no such request shall be entertained at any subsequent stage of the proceedings for admission or final hearing as the case may be. Explanation: (i) The party not making the request at the stage of admission shall not be precluded from making such a request when the case is taken up for final hearing. (ii) The stage of admission would also cover cases which may be finally disposed of with the consent of parties at the admission stage. (iii) Notwithstanding anything contained in the previous paragraphs if at any state of the proceedings it appears to the Single Member that the case is of such a nature that it ought to be heard by a Bench of two members, he may refer it to the Chairman to transfer it to a Bench of two members. SCHEDULE 1. Cases relating to change of date of birth. 2. Cases relating to positing/transfer. 3. Cases relating to entry in character rolls/confidential record/service record, made otherwise than as a measure of penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965. 4. Cases relating to allotment or eviction from Government accommodation. 5. Cases relating to claims of medical reimbursement, leave, joining time, L.T.C. and over-time. 6. Cases relating to crossing of efficiency bar. 7. Cases relating to grant of pension, family pension, other retirement benefits, and cases relating to interest on retirement benefits. 8. Cases relating to grant or refusal to grant advance/loans. 9. Cases relating to stagnation increment. 10. Cases relating to grant of passes of Railway employees. 11. Cases relating to grant, refusal or recovery of allowances. 12. Cases relating to compassionate appointment/appointment of dependents of Government servants dying in harness. 13. Cases relating to Casual Labour. 14. Cases relating to direction to dispose of the Representation. 15. Cases relating to voluntary Retirement/Resignation. 16. Cases relating to applications by Home Guard. 17. Cases relating to Suspension - No review held. 18. Cases relating to minor penalties. 19. Cases relating to termination-temporary government servants. APPENDIX II [See rule 18(d)] CENTRAL ADMINISTRATIVE TRIBUNAL Copernicus Marg, New Delhi-110001. No. 13/19/91-JA December 18, 1991 ORDER In exercise of the powers conferred by section 5 and all other enabling provisions of the Administrative Tribunals Act, 1985 and in supersession of all orders on the subject, I hereby make the following order regulating constitution of Benches and distribution of work of the Principal Bench and other Benches of the Central Administrative Tribunal:- 1. In the case of the Principal Bench, the Chairman and in his absence, the senior-most Vice-Chairman available and in their absence, the senior-most member available, shall regulate constitution of Benches (including Vacation Bench) and distribution of work of that Bench. 2. In the case of other Benches, the Vice-Chairman and in his absence, the senior-most member available, shall regulate constitution of the Benches and distribution of the work. 3. Notwithstanding anything contained in the above paragraph, the power of constitution of Benches and distribution of work of the Principal Bench and other Benches, shall be subject to such general or special orders, as the Chairman and in his absence, senior-mot Vice-Chairman of the Principal Bench who is available, may make. Chairman APPENDIX III [See rule 19(b)] CENTRAL ADMINISTRATIVE TRIBUNAL Copernicus Marg, New Delhi-110001. No. 1/32/87-JA January 20, 1992 ORDER In exercise of the powers conferred by sub-section (6) of section 5 of the Administrative Tribunals Act, 1985, I hereby make the following order: In situations when a Division Bench is not available for dealing with urgent cases for admission and grant of interim orders, and the urgency is such that the matter cannot be deferred until a Division Bench becomes available, the Single Member Bench is authorized to take up such urgent cases for admission and grant of interim orders subject to the condition that if the Single Member is not inclined to admit the matter he shall refer the matter for being placed before the appropriate Division Bench as soon as the same becomes available. Chairman APPENDIX IV [See rule 49] CENTRAL ADMINISTRATIVE TRIBUNAL Copernicus Marg, New Delhi-110001. New Delhi, the 18the February, 1992 No. 13/19/91-JA NOTIFICATION In exercise of the powers conferred by section 5, 12 and 22 of the Administrative Tribunals Act, 1985 read with rule 17 of the Central Administrative Tribunal(Procedure) Rules, 1987 and in supersession of all previous orders in this regard, I, ……………. , Chairman, Central Administrative Tribunal hereby by make the following order with the object of avoiding delay in dealing with the Review Petitions presented before different (additional) Benches of the Central Administrative Tribunal: REVIEW OF ORDERS PASSED BY A BENCH OF TWO MEMBERS I. 1. Review of order in which both the Members who passed the order are functioning in the same Bench. In such a case, the Review Petition shall be placed before the members who passed the order for consideration by circulation. If one of them is of the view that it merits a hearing, then the petition shall be placed before that Bench for preliminary hearing. In such a case, it would not be necessary to seek orders of the Chairman. 2. Review of order passed by the bench of which one member belongs to the local Bench and the other is a member of another Bench. In such a case, the Review Petition shall be sent for consideration by circulation to the members who passed the order. If one of them is of the view that it merits a hearing, then the petition shall be placed for preliminary hearing. For that purpose, the Vice-Chairman of the local Bench shall seek orders of the Chairman. 3. Review of order in which both the members have ceased to be members of the Tribunal. In such a case, the Vice-Chairman shall place the Review Petition for preliminary hearing before a Bench consisting of any two members of that Bench. It would not be necessary to seek orders of the Chairman in such a case. 4. Review of order in which one of the members has ceased to be a member of the Tribunal. If one of the members who passed the order is available in that bench, the Vice-Chairman shall constitute a bench with him/her and any other member of the bench and place the petition for preliminary hearing. If not, the Vice-Chairman shall constitute a Bench consisting of any two members of that Bench. 5. Review of order when both the members who passed the order are members of other Benches. In such a case, the Vice-Chairman shall arrange to send the Review petition to both the members to consider the petition by circulation. If one of them is of the view that the petition merits a hearing, then the petition shall be placed for preliminary hearing. For that purpose, the Vice-Chairman shall seek orders of the Chairman. REVIEW OF ORDERS PASSED BY A SINGLE MEMBER BENCH II. (a) If the single member who decided the case continues to be a member of that bench, the petition shall be placed before him/her for consideration by circulation. If the member is of the view that the petition merits a hearing, it shall be posted before him/her for preliminary hearing. (b) If the member who decided the case has become a member of another Bench of the Tribunal, the Vice-Chairman shall send the petition to him/her for being considered by circulation. If the member is of the view tat the petition merits a hearing, then the petition shall be placed for preliminary hearing. For that purpose the Vice-Chairman shall seek orders of the Chairman. (c ) If the single member who passed the order has ceased to be a member of the Tribunal, then the Vice-Chairman shall post the petition for preliminary hearing before any member of the Bench. In such a case, it would not be necessary to seek the orders of the Chairman. III. If the Review Petition is not summarily dismissed, further hearing shall be by the very same Bench constituted as per the aforesaid provisions. IV. Orders of the Chairman may be sought when a situation not covered by the above provisions arises or when in the interest of justice it is necessary to deviate from the same. Note.- The above procedure shall mutatis mutandis be followed in the Principal Bench. Chairman APPENDIX V [See rule 145] Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), Notification No. S.O. 9462, dated September 13, 1990, published in the Gazette of India, Part Ii, Section 3 (ii), dated 29th December, 1990, PP-5639-5642[F.No.A-11019/33/88/AT] In exercise of the powers conferred by the Central Government under sub-clause(ii) of clause (c ) of sub-section (2) of section 3 of the Destruction of Records Act, 1917 (Act V of 1917), the Chairman, Central Administrative Tribunal, hereby makes with the previous approval of the Central Government, the following rules to regulate the destruction of records, books and papers of all Bench of the Central Administrative Tribunal, namely:- I. GENERAL 1. Short title and commencement – (1) These rules may be called the Central Administrative Tribunal (Destruction of Records) Rules, 1990. (2) They shall come into force from the date of publication in the Gazette of India. 2. Definitions - In these rules, unless the context otherwise requires, - (a) “Permanent preservation” means preservation for a period of 30 years. (b) “Supervising Officer” means an officer appointed by Chairman in the case of Principal Bench and by Vice-Chairman in the case of other Benches. 3. Preparation of index and separation of parts. – After receipt of a judicial record in the record section a fresh index in the form contained in Annexure I will be prepared. The papers will be numbered and entered in the index under the appropriate part of which it belongs. The part to which a particular paper belongs shall be determined with respect to Annexure II enclosed to these rules. 4. Records when treated as having reached completion – (a) The judicial record in a case shall be treated as having reached completion on the date of the final order of the Bench or in the event of an appeal to the Supreme Court on the date of the final order of the Supreme Court as the case may be. (b) In the case of registers and other papers in the Judicial and Administrative branches the date of completion shall be the date on which the registers were closed and in the case of files and other papers, the date on which the final order was passed thereon. 5. Records when to be taken up for destruction – All records registers/files shall be retained in the record room from the date of completion till the expiry of the period prescribed under these rules and on expiry of such period they shall be destroyed without fail : Provided that the Registrar of the Bench concerned or the Deputy Registrar authorized by him, may for reasons to be recorded in writing order that any particular paper or the record of any particular case be preserved beyond such period: Provided further that documents filed by any officer of Government or produced by such officer shall not be destroyed if not previously re-claimed, but shall invariably be returned to the office from which they were produced. 6. Supervision of destruction – The destruction of judicial records, books and papers shall be carried out from time to time as may be necessary, and subject to the general superintendence of the Deputy Registrar (Judl.) and the supervised by such officer (hereinafter called the Supervising Officer), as may be appointed by the Chairman in the case of Principal Bench and the Vice-Chairman in the case of other Benches. 7. (i) Manner of destruction of records – The destruction of judicial records, books and papers shall be effected in any of the following manner:- (a) tearing so as to render it unlikely that the documents so torn may be used again; (b) tearing and burning it; (c) destroying with the help of a Paper Shredding Machine. (ii) Sale of paper destroyed and credit of sale price – The paper after the Supervising Officer has certified that the destruction has rendered such judicial records, books and papers of no value, unless the same is burnt shall be sold as waste under the orders of the Registrar and proceeds of the sale shall be credited to the receipt Head 070 other Administrative Service other receipts. 8. Notice before destruction of records – In January each year a notice specifying the documents filed by parties which will be destroyed during the ensuring year will be displayed on the Notice Board. A warning will be given that unless previously reclaimed by the party entitled before the due dates of destruction, the destruction will ensure. Return of documents to parties will be made under the orders of the Deputy Registrar. II JUDICIAL RECORDS 9. Division of records – Every judicial record of Original Applications, Transferred Application, Review Applications and Contempt Applications for the purpose of these rules shall consist of three parts, namely, Part I, Part II and Part III. 10. Period for retention of parts, I, II and III of the Judicial Record – Part I of the Judicial Record shall be preserved permanently; Part II and Part III of a judicial Record shall be destroyed after the expiry of 5 years and 3 years respectively. 11. Note of destruction to be made in register, etc. – Letter “D” with date indicating that a paper or record has been destroyed on that date may be made in red ink in the index of the respective case bundle as well as in the relevant column of the records register in which such paper or record is entered. III. OTHER JUDICIAL AND ADMINISTRATIVE REGISTER AND PAPERS 12. Judicial registers, Administrative and accounts registers, statistical registers and the papers and files maintained for administrative purposes are shown in Annexure Nos.III and IV respectively. These registers/papers will be destroyed after expiry of the periods mentioned in the said annexures. 13. Notwithstanding anything contained herein so long as an objection is outstanding and the accounts have not been completely checked and accepted in audit, they and the supporting documents should not be destroyed even though the period preservation in the rules may have expired. 14. The period retention in the record room for any judicial record, judicial/administrative registers and papers not specified in the annexures hereunder, shall be decided by the registrar/deputy Registrar with the approval of the Chairman in the case of Principal Bench and respective Vice-Chairman in the case of other Benches. ANNEXURE I FORM OF INDEX LIST OF PAPERS IN NO……..OF 19……./20…… Sl. No. of Date of paper of Date of filing Description of Paper Paper on record Part I Part II Part III …………………… ANNEXURE II ORIGINAL APPLICATIONS-TRANSFERRED APPLICATIONS-REVIEW APPLICATIONS/CONTEMPT APPLICATIONS PART I 1. Index Paper 2. All judgments and orders including order on order sheet in the main cases and miscellaneous applications arising therefrom. 3. Judgment and orders received from Supreme Court. PART II 1. All applications including miscellaneous applications/plaints/memorandum/appeals together with annexures and all other documents, whether original or copies filed with them. 2. Counters/written statement and reply affidavits. 3. All other papers not already specified. ANNEXURE III REGISTERS MAINTAINED IN JUDICIAL DEPARTMENT Sl. No. Description Period of retention 1 2 3 1. Stamp Register (General) Permanent 2. Destruction Register 3. Register showing orders received from the Supreme Court 4. Judges Daily disposal Register 5. Register showing the names of the Advocates Clerks 10 Years 6. Transferred Application Filing Register 7. Original Application Filing Register 8. Review Applications Filing Register 9. Contempt Application Filing Register 10. Miscellaneous Applications Filing Register 11. Disposal of Transferred Applications Received Register 12. Disposal of Original Applications Register 13. Disposal of Review Applications Register 14. Disposal of Contempt Applications Register 15. Register for Return of Documents 16. Un-stamp Register 5 Years 17. Register of Cause List 18. Register of Distribution of Decided Cases 19. Original Applications Numbering Registers (Tail Book) 20. Review Applications Numbering Register 3 Years 21. Contempt Applications Numbering Register 22. Miscellaneous Applications Numbering Register 23. Register for sending counters and Memo of Appearances/Vakalathnama 3 Years 24. Transferred Applications Notice Register 25. Original Applications Notice Register 26. Review Applications Notice Register 27. Contempt Applications Notice Register 28. Miscellaneous Applications Notice Register 29. Register noting adjournment to Dy.Registrar’s Court 30. Transferred Applications Posting Register 31. Original Applications Posting Register 32. Review Applications Posting Register 33. Contempt Applications Posting Register 34. Register showing reserved for judgment 35. Adjournment Register 36. Daily work Allotment Register (for drafting, typing and comparing) 37. Certified Documents Issuing Register 38. Cases transferring to other sections (Tail Book) 39. Issuing Register 40. Register of inspection ANNEXURE IV REGISTERS MAINTAINED IN JUDICIAL DEPARTMENT Sl. No. Description Period of retention 1 2 3 1. Correspondence on Accounts Permanent 2. Correspondence on GPF Accounts 3. Last Pay Certificates issued by CAT in respect of transferred employees and last Pay Certificates received in respect of employees transferred to CAT. 4. Copies of Office Orders, Sanction Orders, Leave Sanction Orders,etc. 5. Important Orders of Government of India 6. Important Orders of Government of A.P. 7. Income Tax Recovery Statements 10 Years 8. Copies of Increment Certificates 6 Years 9. Schedules of recoveries affected from salaries 5 Years 10. Professional Tax Recovery Schedules 11. Reconciliation of department expdr. figures and issue of monthly statement of expenditure HO/PAO 12. Receipt Scrolls received from RBI 13. Monthly statement of receipts and payments received from Bank 14. List of Payments and Monthly Account submitted to PAO, CAT, New Delhi 15. Payment Scrolls received from RBI 16. Paid Challans 17. Counterfoils of used cheque books 18. Bank reconciliation statement in respect of departmental receipts 4 Years 19. Office copies of LTC bills 20. Office copies of Pay bills 21. Office copies of Contingent bills 22. Office copies of Medical Reimbursement 3 Years 23. Office copies of Reimbursement of Tuition Fees 24. Office copies of Cycle & GPF Advance Bills 25. Office copies Bills sent to PAO for Pre-check 26. Correspondence on L.O.C. 2 Years 27. Office copies of Pay Slips 28. Office copies of TA bills 1 Year 29. Post Check remarks of PAO Till the objections are finally cleared. B. List of Files maintained in establishment stores section Sl. No. Description Period of retention 1 2 3 1. Appointment (Temporary, Ad hoc, Regular) Permanent cadrewise, employee-wise, files 2. Recruitment rules, etc. 3. General Files/Stock Files 4. Purchase of new building for office premises 5. Telephone installation and upkeep 6. Correspondence regarding Postal Bag/Box 7. Correspondence on Telegraphic Address 8. Delegation of Financial powers 9. Reservation of posts for SC/ST candidates 10. Correspondence of SIU Study Report 11. CAT (Salaries & Allowances and Conditions of Services of Chairman, Vice-Chairman and Members) Amendment Rules, 1987 12. All files relating to drafting/amendment of Rules 13. Administrative Tribunals (Procedure) Rules, 1986 Sl. No. Description Period of retention 1 2 3 14. Air Coolers, Air Conditioners and Water Coolers Till the date the equipment is written of 15. Xerox Machine 16. Electronic Typewriter 17. Pedestal Fans 18. Water filters 19. Motor Cycle Maintenance 20. Motor Cars Maintenance 21. Franking Machine 22. Gestetner Machine 23. Office accommodation, arrangements of payment of rent for 10 Years office premises water and electricity charges and office building 24. Electric installations, correspondence with CPWD 25. Disciplinary and other administrative matters 5 Years after close of the enquiry 26. Correspondence of Lifts 5 Years 27. Pay Fixation Files of all employees 28. Vacation, Holidays, Circuit Sittings etc. 29. Railway consignment receipts and issue 30. Telegram Credit Account File 31. Annual Conference of Vice-Chairman 32. Advance increments to State Staff 33. Budget files (at location of provision under various sub-heads) 3 Years 34. Entertainment arrangements for visitors 35. Purchase of Rubber Stamps 36. Purchase of Forms and Registers 37. Stock and Distribution of Registers and Printed Forms 38. Regulation of expenditure on furniture, forms, stationery and misc. items 39. Petrol Coupon Counterfoils 40. Specimen Signature of DDO 41. Reservation of Guest House etc. 42. Reimbursement of Local Conveyance Charges 2 Years 43. Sanction of CL, Condoning of late attendance etc. 1 Year 44. Personal Files Two years after final retirement/death/resignation 45. Sanction of Cycle, Festival Advance, OTA, LTC, MCA 3 years after final recovery GPF Advances, Part-Final Withdrawals etc. 46. High Officials Railway Reservation (H.O.R.) 1 year after the debits are settled 47. Internal Test Audit Notes 3 years after the report of is settled 48. Continuation of Staff on deputation 3 years after completion of deputation 49. Allotment of General Pool Accommodation of Staff Quarters 3 Years ANNEXURE VI [See rule 154 (b)] DEPARTMENT-WISE CLASSIFICATION OF CASES (A) ALL INDIA SERVICES 1. Indian Administrative Service 2. Indian Police Service 3. Indian Forest Service 4. Indian Foreign Service (B) OTHER SERVCES REGULATED BY CENTRAL GOVERNMENT SERVICE RULES 5. M/o Agriculture 6. M/o Chemicals & Fertilisers 7. M/o Civil Aviation and Tourism 8. M/o Civil Supplies, Consumer Affairs & Public Distribution 9. M/o Coal 10. M/o Commerce 11. M/o Communications 12. M/o Defence 13. M/o Environment and Forests 14. M/o External Affairs 15. M/o Finance 16. M/o Food 17. M/o Food Processing Industries 18. M/o Health and Family Welfare 19. M/o Home Affairs 20. M/o Human Resource Development 21. M/o Industry 22. M/o Information and Broadcasting 23. M/o Labour 24. M/o Law and Justice and Company Affairs 25. M/o Mines 26. M/o Non-Conventional Energy 27. M/o Parliamentary Affairs 28. M/o Personnel, Public Grievances and Pensions 29. M/o Petroleum and Natural Gas 30. M/o Planning and Programme Implementation 31. M/o Power 32. M/o Railways 33. M/o Rural Development 34. M/o Science and Technology 35. M/o Steel 36. M/o Surface Transport 37. M/o Textiles 38. M/o Urban Development 39. M/o Water Resources 40. M/o Welfare 41. D/o Atomic Energy 42. D/o Electronics 43. D/o Ocean Development 44. D/o Space 45. Cabinet Secretariat 46. President’s Secretariat 47. Prime Minister’s Office 48. Planning Commission 49. Government of India Press 50 Staff Selection Commission (C) OTHER SERVICES COVERED BY CENTRAL CIVIL SERVICES RULES, C.& A.G., PUBLIC SECTOR, AUTONOMOUS BODIES 51. Comptroller and Auditor General of India 52. Controller General of Accounts 53. Chief Election Commissioner 54. Planning Commission 55. Union Public Service Commission 56. U.T. of Andaman & Nicobar Island 57. U.T. of Chandigarh 58. U.T. of Dadra & Nagar Haveli 59. U.T. of Daman & Diu 60. U.T. of Delhi 61. U.T. of Lakshadweep 62. U.T. of Pondicherry 63. Central Board of Trustees/Central Provident & Fund Commissioner 64. Employees’ State Insurance Corporation 65. Central Board of Workers Education 66. National Labour Institute 67. National Council of Safety in Mines, Dhanbad 68. Council of Scientific and Industrial Research 69. Central Social Welfare Board 70. Indian Council of Agriculture Research 71. Sports Authority of India 72. National Council for Hotel Management and Catering Technology, Library Avenue, Pusa, New Delhi. 73. Institute of Hotel Management,Catering and Nutrition, Library Avenue, Pusa, New Delhi. 74. Institute of Hotel Management,Catering Technology and Applied Nutrition, Mumbai. 75. Institute of Hotel Management,Catering Technology and Applied Nutrition, Chennai. 76. Institute of Hotel Management,Catering Technology and Applied Nutrition, Kolkata. 77. Institute of Hotel Management,Catering Technology and Applied Nutrition, Goa. 78. Institute of Hotel Management,Catering Technology and Applied Nutrition, Bangalore. 79. Institute of Hotel Management,Catering and Nutrition, Lucknow. 80. Institute of Hotel Management,Catering Technology and Applied Nutrition, Hyderabad. 81. Institute of Hotel Management,Catering and Nutrition, Ahmedabad. 82. Institute of Hotel Management,Catering Technology and Applied Nutrition, Bhubaneswar. 83. Institute of Hotel Management,Catering Technology and Applied Nutrition,Jaipur. 84. Institute of Hotel Management,Catering Technology and Applied Nutrition, Bhopal. 85. Institute of Hotel Management,Catering Technology and Applied Nutrition, Srinagar. 86. Institute of Hotel Management,Catering Technology and Applied Nutrition, Guwahati. 87. Institute of Hotel Management,Catering Technology and Applied Nutrition, Gwalior. 88. Institute of Hotel Management,Catering Technology and Applied Nutrition, Thiruvananthampuram. 89. Institute of Hotel Management,Catering Technology and Applied Nutrition, Chandigarh. 90. Institute of Hotel Management,Catering Technology and Applied Nutrition, Gurdaspur. 91. Institute of Hotel Management,Catering Technology and Applied Nutrition, Shimla. 92. Institute of Hotel Management,Catering Technology and Applied Nutrition, Patna. 93. National Power Training Institute, Faridabad (Haryana). 94. Central Pollution Control Board 95. Indian Institute of Advanced Study, Shimla. 96. Kendriya Vidyalaya Sangathan 97. Navodya Vidyalaya Samiti 98. Indian Council of Medical Research 99. Film and Television Institution of India, Law College Road, Pune. 100. Satyajit Ray Film and Television Institute, Kolkata. 101. National Council of Educational Research and Training, M/o Human Resource Development 102. University Grants Commission, M/o Human Resource Development 103. Central Tibetan Schools Administration and Central School for Tibetans, M/o HRD 104. Indian Institute of Astrophysics, D/o Science and Technology 105. Indian Council of Forestry Research and Education, M/o Environment and Forests 106. Indian Institute of Forest Management, M/o Environment and Forests 107. Indian Plywood Industries Research and Training Institute, M/o Environment and Forests 108. National Institute of Biologicals, M/o Health and Family Welfare 109. Council for Advancement of People's Action and Rural Technology, M/o Rural Development 110. National Institute of Rural Development 111. National Rural Roads Development Agency, M/o Rural Development 112. National Highway Authority of India, M/o Shipping, Road, Transport and National High Ways 113. International Institute for Population Sciences, M/o Health and Family Welfare 114. Dental Council of India, M/o Health and Family Welfare 115. Lala Ram Sarup Institute of Tuberculosis and Respiratory Diseases, M/o Health and Family Welfare 116. Chittaranjan National Cancer Institute, Kolkata, M/o Health and Family Welfare 117. Hindustan Latex Ltd, M/o Health and Family Welfare 118. Consultancy Development Centre, M/o Science and Industrial Technology 119. Delhi Development Authority, M/o Urban Development 120. National Horticulture Board, M/o Agriculture 121. National Cooperative Development Corporation, M/o Agriculture 122. Small Farmers Agriculture Business Consortium, M/o Agriculture 123. National Institute for Agricultural Extension and Management, M/o Agriculture 124. Coconut Development Board, M/o Agriculture 125. Income Tax Appellate Tribunals, M/o Law and Justice 126. Telecom Regulatory Authority of India, M/o Communications and Information Technology 127. National Institute of Health and Family Welfare 128. All India Institute of Speech and Hearing 129. Pasteur Institutes of India, M/o Health and Family Welfare 130. North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong 131. Central Institute of Plastics Engineering and Technology, M/o Chemicals and Fertilizers 132. North Eastern Handicrafts and Handlooms Development Corp.Ltd.(NEHHDC) 133. North Eastern Regional Agricultural Marketing Corp. Ltd. (NERAMAC), M/o Development of NE Region 134. Pension Fund Regulatory and Development Authority(PERDA),M/o Fin.,D/o Economic Aff. 135. National Institute Public Finance and Policy (NIPFP), M/o Finance, D/o Revenue 136. Indo German Tool Rooms, M/o Micro, Small and Medium Enterprises 137. Central Tool Room, Ludhiana, M/o Micro, Small and Medium Enterprises 138. Central Tool Room and Training Centre, Bhubaneswar, M/o Micro, Small and Medium Enterprises 139. Central Tool Room and Training Centre, Kolkata, M/o Micro, Small and Medium Enterprises 140. Central Tool Room and Training Centre, Guwahati, M/o Micro, Small and Medium Enterprises 141. Indo Danish Tool Room, Jamshedpur, M/o Micro, Small and Medium Enterprises 142. Central Institute of Hand Tools, Jalandhar, M/o Micro, Small and Medium Enterprises 143. Process-cum-Product Development Centres, M/o Micro, Small and Medium Enterprises 144. Electronics Service and Training Centre, Ramnagar, M/o Micro, Small and Medium Enterprises 145. Institute for Design of Electrical Measuring Instruments, Mumbai, M/o Micro, Small and Medium Enterprises 146. Central Institute of Tool Design, Hyderabad, M/o Micro, Small and Medium Enterprises 147. Fragrance and Flavour Development Centre, Kannauj, M/o Micro, Small and Medium Enterprises 148. Central Footwear Training Institutes, M/o Micro, Small and Medium Enterprises 149. Centre for the improvement of Glass Industry, Firozabad, M/o Micro, Small and Medium Enterprises 150. The National Small Industries Corporation Ltd., M/o Micro, Small and Medium Enterprises 151. National Institute for Entrepreneurship and small Business Development, M/o Micro, Small and Medium Ent. 152. National Institute for Micro, Small and Medium Enterprises 153. Indian Institute of Entrepreneurship, M/o Micro, Small and Medium Enterprises 154. Indian Council of World Affais, M/o External Affairs 155. Central Agricultural University, Imphal 156. National Institute of Hydrology, M/o Water Resources 157. National Water Development Agency, M/o Water Resources 158. Narmada Control Authority, M/o Water Resources 159. Brahamaputra Board, M/o Water Resources 160. National Remote Sensing Agency, Deptt. of Space 161. North Eastern Space Application Centre (NESAC), Deptt. of Space 162. Physical Research Laboratory (PRL), Deptt. of Space 163. National Atomospheric Research Laboratory (NAR), Deptt. of Space 164. Semi-Conductor Laboratory (SCL), Deptt. of Space 165. Indian Institute of Space Science and Technology (IISST) 166. Central Council for Research in Ayureveda and Siddha, M/o Health and Family Welfare 167. Central Council for Research in Homeopathy, M/o Health and Family Welfare 168. Central Council for Research in Yoga and Naturopathy, M/o Health and Family Welfare 169. Central Council for Research in Unani Medicine, M/o Health and Family Welfare 170. Central Council of Indian Medicine, M/o Health and Family Welfare 171. Central Council of Homeopathy, M/o Health and Family Welfare 172. Rashtriya Ayurved Vidyapeeth, M/o Health and Family Welfare 173. Morarji Desai National Institute of Yoga, M/o Health and Family Welfare 174. National Institute of Naturopathy, Pune, M/o Health and Family Welfare 175. National Institute of Ayurveda, Jaipur, M/o Health and Family Welfare 176. National Institute of Unani Medicine, Bangalore, M/o Health and Family Welfare 177. National Institute of Homeopathy, Kolkata, M/o Health and Family Welfare 178. National Institute of Siddha, Chennai, M/o Health and Family Welfare 179. Indira Gandhi Rashtriya Udaan Academy, Rae Bareli, M/o Civil Aviation 180. National Institute of Fashion Technology, M/o Textiles 181. Central Wool Development Board, M/o Textiles 182. National Centre for Jute Diversification (NCJD), M/o Textiles 183. Central Silk Board, M/o Textiles 184. Office of Commissioner of Payments, New Delhi, M/o Textiles 185. Textiles Committee, M/o Textiles 186. Jute Manufacturers Development Council, M/o Textiles 187. National Institute of Design, Ahmedabad, M/o Commerce and Industry 188. National Council for Cement and Building Materials, Ballabhgarh, M/o Commerce and Industry 189. Indian Rubber Manufacturers Research Association, Thane, M/o Commerce and Industry 190. Central Pulp and Paper Research Institute, Saharanpur, M/o Commerce and Industry 191. National Productivity Council, New Delhi, M/o Commerce and Industry 192. Quality Council of India, M/o Commerce and Industry 193. National Institute of Public Cooperation and Child Development, M/o Child and Development 194. Central Adoption Resource Authority, M/o child and Development 195. Indian Council for Cultural Relations (ICCR), M/o External Affairs 196. Indian Institute of Mass Communication, M/o Information and Broadcasting 197. Press Council of India, M/o Information and Broadcasting 198. Children's Film Society of India, M/o Information and Broadcasting 199. National Institute of Financial Management, M/o Information and Broadcasting 200. National Centre for Antarctic and Ocean Research, M/o Earth Sciences 201. National Institute of Ocean Technology, M/o Earth Sciences 202. National Institute of Tropical Meteorology, M/o Earth Sciences 203. Indian National Centre for Ocean Information Services, M/o Earth Sciences 204. The National Oilseeds and Vegetable Oils Development Board, M/o Deptt. of Agricultural and Cooperation 205. Delhi Urban Art Commission, M/o Urban Development 206. National Institute of Urban Affairs, M/o Urban Development 207. National Capital Region Planning Board, M/o Urban Development 208. Rajghat Samadhi Committee, M/o Urban Development 209. National Institute of Mental Health and Neuro Sciences, Bangalore, M/o Health and Family Welfare 210. Postgraduate Institute of Medical Education and Research, Chandigarh, M/o Health and Family Welfare 211. Institute of Pesticides Formulation Technology, M/o Chemicals and Fertilizers 212. National Minorities Development and Finance Corp., New Delhi, M/o Minorities Affairs 213. Nehru Yuva Kendra Sangathan (NYKSO), M/o Youth Affairs and Sports 214. Lakshmibai National Institute of Physical Education, Gwalior, M/o Youth Affairs and Sports 215. Mahanagar Telephone Nigam Limited, M/o Communications and Information Technology 216. Bharat Sanchal Nigam Limited, M/o Communications and Information Technology 217. All India Institute of Medical Sciences, New Delhi, M/o Health and Family Welfare 218. Tungabhadra Steel Products Ltd., M/o Heavy Industries and Public Enterprises 219. Sponge Iron India Limited, M/o Steel 220. Housing and Urban Development Corporation, M/o Housing and Urban Poverty Alleviation 221. Hindustan Prefab Ltd., M/o Housing and Urban Poverty Alleviation 222. Rajiv Gandhi National Institute of Youth Development, M/o Youth Affairs and Sports 223. National Power Training Institute, M/o Power 224. Hindustan Organic Chemicals Limited, M/o Chemicals and Fertilizers 225. National Building Construction Corporation, M/o Urban Development 226. Delhi Metro Rail Corporation, Govt. of NCTD 227. Indian Tourism Development Corporation and its subsidiaries, M/o Tourism 228. Rail Vikas Nigam Ltd., M/o Railways 229. Mumbai Rail Vikas Corporation Ltd., M/o Railways 230. Kudremukh Iron Ore Company, M/o Steel 231. Bharat Heavy Plates and Vesels Limited, Deptt. of Heavy Industry and Public Enterprises 232. Bharat Pumps and Compressors Limited, Deptt. of Heavy Industry and Public Enterprises 233. Minerals Explorations Corporation Ltd., M/o Mines 234. Hindustan Copper Limited, M/o Mines 235. National Aluminium Company Limited, M/o Mines 236. Jawaharlal Aluminium Research Development and design centre, M/o Mines 237. National Institute of Rock Mechanics, M/o Mines 238. National Institute of Miners Health, M/o Mines 239. Rail India Technical and Economic Services Limited (RITES), M/o Railways 240. Municipal Corporation of Delhi, Govt. of NCTD 241. New Delhi Municipal Council, Govt. of NCTD 242. Delhi Jal Board, Govt. of NCTD 243. Delhi Wakf Board, Govt. of NCTD 244. Delhi Transport Corporation, Govt. of NCTD 245. Delhi State Industrial and Infrastructure Development Corporation Limited, Govt. of NCTD 246. Delhi Cooprative Housing Finance Corporation, Govt. of NCTD 247. Prasar Bharati, M/o Information and Broadcasting 248. Central Board of Secondary Education, M/o Human Resources Development 249. All India Board of Secondary Education, M/o Human Resource Development 250. All India Council of Technical Education, M/o Human Resource Development 251. National Board of Examination (NBE), M/o Health and Family Welfare 252. Indian Red Cross Society (IRCS) M/o Health and Family Welfare 253. Medical Council of India, M/o Health and Family Welfare ANNEXURE VII [See rule 154 (c)] SUBJECT-WISE CLASSIFICATION OF CASES DIVISION BENCH CASES 1. Absorption in Public Sector/Autonomous Bodies/Other Departments 2. Adhoc appointments/Regularisation 3. All India Services 4. Civil Services Examination 5. Creation and Abolition of Post 6. Deputation/Regularisation 7. Disciplinary-Cases (a) Major Punishment – Dismissal/Removal/Compulsory Retirement/Reduction in Rank (b) Minor Punishment – Other Punishment (c) Suspension 8. Extra Departmental Staff 9. Leave Rules – Break in Services/Dies non 10. Lien 11. Medical Facilities 12. Probation 13. Recruitment & Appointment 14. Reservation for SC/ST/Ex-servicemen/Physically Handicapped 15. Reversion 16. Retirement under FR 56(J) 17. ACP Scheme 18. Scale of Pay 19. Selection/Promotion 20. Seniority/Confirmation 21. T.A. 22. Fixation of Pay 23. All Single, Bench Cases Classified, under the Head (A) to (M) in Appendix VIII ANNEXURE VIII [See rule 154 ] SUBJECT-WISE CLASSIFICATION OF CASES SINGLE BENCH CASES (1) Case relating to change of date of birth. (2) Cases relating to postings/transfer. (3) Cases relating to entry in character rolls/confidential record/service record, made otherwise than as a measure of penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965. (4) Cases relating to allotment or eviction from Government accommodation. (5) Cases relating to claims of medical reimbursement, leave, joining time, LTC and over-time. (6) Cases relating to crossing of efficiency bar. (7) Cases relating to grant of pension, other retirement benefits, and cases relating to interest on retirement benefits. (8) Cases relating to grant or refusal to grant advances/loans. (9) Cases relating to stagnation increment. (10) Cases relating to grant of passes to Railway employees (11) Cases relating to grant, refusal or recovery of allowances. (12) Cases relating to compassionate appointment/appointment of dependents of Govt. servants dying in harness. (13) Cases relating to Casual Labour. (14) Cases relating to direction to dispose of the representation. (15) Cases relating to Voluntary Retirement/Resignation. (16) Cases relating to applications by Home Guard. (17) Cases relating to Suspension - No review held. (18) Cases relating to minor penalties. (19) Cases relating to termination - temporary government servant. ANNEXURE IX [See rule 156] CENTRAL ADMINISTRATIVE TRIBUNAL __________BENCH INSPECTION SCHEDULE 1 FORMAT FOR INSPECTION OF JUDICAL SECTIONS Name of Department Date of present Inspection Date of last Inspection Date of Inspection Date of Inspections during the current financial year Name and designation of the Inspection Officer Name of S.O. and date from when he is in-charge Date of submission of compliance report to Dy. Registrar(J) PART I STAFF STRENGTH (Factual data to be furnished by Section Officer) S.O. Asstt. UDC LDC Daftry Peon 1 2 3 4 5 6 7 1. Staff Strength Present staff strength with date they took charge of the post. (a) Sanctioned (b) Actual 2. The staff strength at the time of last inspection (a) Sanctioned (b) Actual 3. Number of members of staff having working knowledge in Hindi 4. Number of Staff working in Hindi 5. Distribution of work amongst various officers 6. Number of cases received during the year 7. Number of cases decided during the year 8. Whether fire extinguisher has been installed and is in proper working order. If not, action taken in respect thereof. 9. Whether the electrical fittings and wiring are safe and satisfactory and in working order. 10. Whether space for keeping records is sufficient. If not, suggestions, if any. 11. Whether the racks are sufficient, if not, requirement considering the available space. 12. How many exhaust fans have been installed, in the section, are these in working order, if not, has it been reported. PART II 1. Whether all the files received in the previous quarter are properly maintained. (Take ten files from different racks in all and tally the documents with index and examine the following points, namely) :- (i) Whether the papers are properly classified and tagged. (ii) Whether notices were sent in time. (iii) Whether Peshies were prepared in time (iv) Whether Ads for service attached in the files (v) Whether names of the Counsels tally with Vakalathnamas. (vi) Whether all the particulars, are given in the facing sheet of the file cover. (vii) Whether the scrutiny sheet is properly submitted to the concerned officer at the time of registration. (viii) Whether the order sheet is maintained properly. (ix) Whether the amendments, if any, are incorporated. (x) Whether the classification of the case subject-wise and department-wise is correctly done.) 2. Whether all the file are properly kept year-wise in seriatim and labels indicating the year affixed. 3. Whether the court diary is maintained properly. 4. If any file found lying on the floor or not kept at proper place, the reasons for it. The date of receipt in the section should be indicated with the name of the dealing hand. 5. Whether the warning list is prepared and published as per the Rules. 6. Whether the daily cause list is prepared and published as per the Rules. 7. (a) Whether the interim orders/final orders/are communicated in time. (b) Whether copies of common orders are kept in connected files. 8. Whether the certified copies are issued as per the Rules. 9. (a) Is there any delay in taking steps in complying with direction of the Supreme Court? (b) Whether Records are transmitted to Supreme Court in time. (c) Is there any failure in circulating the orders of the Supreme Court? 10. (a) Whether indexing of disposed case files is done properly. (b) Whether the files are sent to the Record Room for consignment on the days fixed for each Judicial Section. If not, reason therefor. (c ) Whether the retention/destruction of records are done as per Rules. 11. Whether the following registers are maintained properly and periodical inspection done by the S.O. (a) Inward Register. (b) Register of OA/RA/CP(C)/MP (c) Register of IPO/DD (d) Ready list Register (e) Stage Register (f) Posting Register (g) Inspection Register (h) Register of Registered Clerks. (i) Register of Copy application (j) Requisition of Register (k) Despatch Register of free copies of order (l) SLP Register (m) Destruction Register SCHEDULE II Format for Inspection of Library PART I General 1. Name of S.O. (Library), date from which posted as such. 2. Name and designation of other staff members. 3. Accommodation, furniture, lighting, arrangement, fire fighting arrangement. 4. Date of last inspection, or of previous inspection made in the current financial year. PART II 1. Whether the books are entered in the catalogue. 2. Whether the books are properly kept in the almirahs/racks in an orderly manner. 3. Examine some books to see whether pages of the books are properly sealed. 4. Whether the books are sealed, marked and numbered (Check some books and tally the number with the catalogue). 5. Has there been any loss of book from the Library in the current financial year. If so, has the loss been reported and what action taken. 6. Check the register for temporary issue of books whether all the books so issued have been received back. If not, the details thereof. 7. Check the register for books issued permanently to court rooms, Chambers and Residential Office, etc. 8. Have the books issued permanently been checked and verified with the register. If so, when? If not, why? 9. Are correction slips received in the Library regularly? If not, why? If no correction slip has been received, what steps have been taken to procure them. 10. Have all corrections, amendments etc. been promptly incorporated in all the copies of Acts, Rules, Regulations, etc. ? If not, why? 11. Whether copies of necessary correction slips have been sent to all PS/CO and others. 12. Whether a guard file containing al the copies of Government Gazette/Notification issued for amendment/correction, adoption, modification of Acts, Rules, Regulations etc. is maintained with index. 13. Whether all necessary books and enactments etc. required for permanent issuance has been issued. If not, why? Check the requisition slips. 14. Whether the law journals have been circulated to all members and received back. 15. Are there unbound books in the Library which require binding. If so, details thereof. 16. Are the binding of all the old books in perfect order or any of them require repairing/binding. If so, details thereof. 17. Are there any book/magazine or any other paper in the Library which require weeding, if so details thereof. PART III 1. What is the budget for previous and current financial year. 2. Whether whole of previous budget has been properly utilized or any amount was surrendered. 3. Whether the bills for books/journals purchased/subscribed for the current financial year have been paid or subscribed. If not, details thereof with reasons. SCHEDULE III Format for Inspection of Administration Sections DIVISION A – CENTRAL ISSUE SECTION 1. Name of the Deptt. Central Administrative Tribunal, …….Bench 2. Date present inspection 3. Date of last inspection S.O. Asstt. UDC LDC Daftry Peon 1 2 3 4 5 6 1. Staff Strength Present (a) Sanctioned : (b) Actual : 2. At the time of last inspection (a) Sanctioned : (b) Actual : 3. Deployment of Staff on (a) Receipt and diarizing of dak for onward transmission (b) Sorting and distribution of dak for onward transmission (c) Despatch of DAK of different items: 1. Dasti 2. Judgments 3. Order 4. Notice 5. A/D Cards 6. Telegrams 7. Speed Post Letters 8. Administrative Dak & Misc.Dak 9. Regd. Post 10. Special Messenger 11. Counter delivery 12. Diplomatic bag B-Grade of Work 4. What is the average rate of dak received for onward transmission per day from various sections : (i) Hon’ble Chairman’s Office (ii) Hon’ble Vice Chairman’s Office (iii) Hon’ble Member’s Office (iv) Registrar’s Office (v) FA&CAO’s Office (vi) Judicial Sections a. Notice b. Dasti Dak c. Order (vii) Administrative sections (viii) Cash Section (ix) Pay & Account Office (x) Any other a. Telegram b. Speed Post 5. Average rate of receipt and dispatch of dak per day by various modes of dispatch viz. BF Receipt Despatch Balance (i) By Speed Post (ii) By Regd Post (iii) By Ordinary Post (iv) By Special Messenger (v) By Counter delivery (vi) By Telegraphic Mode (vii) By any other misc., mode 6. If any balance is left over in total receipt & despatch, what are the reasons therefore and how many days are normally taken in Despatch Section to dispatch a Communication. Signature of Section Officer Part II- Inspection Officer’s Report Reservation on procedural requirements Maintained Corrected Available upto date Hands 1 2 3 4 1. List of residential address and telephone number of Officers and Staff of CAT, PB and other Benches. 2. List of residential address and telephone number of Officers of other Organisation e.g., Deptt. of P&T Trg., Supreme Court, High Courts etc. 3. List of telegraphic address of various Benches of CAT and High Courts and other outstations Deptts. with whom correspondence is exchanged frequently. 4. Delhi Official Directory 5. Official Directory of CAT 6. Schedule of Postal Rates 7. Schedule of Speed Post rates 8. Dak Registers in Prescribed Proforma a. Whether maintained properly b. Whether delay in distribution c. Whether neat and tidy d. Whether scrutinised by S.O. daily 9. Examine a sample of 50 more than one month old entries and indicate the number (if any) of a. incomplete entries b. Delay in dispatching (i) by 2 days (ii) by 3 days (iii) by 5 days (iv) beyond one week 10. Despatch Examine a sample of 50 communications Ready for dispatch and indicate number (if any) where (i) Covers needlessly used. (ii) Covers used were not of appropriate size. (iii) Economy slips, although required, not used (iv) Address written is incomplete or illegible (v) Window envelope used but address is not Visible from the window. (vi) Unduly large number of stamps or some other denomination used. (vii) Covers meant for dispatch under service postage stamps not franked with facsimile impression of the signature of Officer-in-charge. (viii) Covers marked for dispatch by Regd. AD with AD Card not bearing reference No. of the Communication. (ix) Reference No. of telegram ready for dispatch not indicated in the receipt portion of telegram. 11. Whether Despatch Register and Register of daily abstract of service postage stamps use are maintained in the prescribed forms? Are separate Despatch Register maintained for ? (i) Speed Post (ii) Regd A.D. Post (iii) Ordinary Post (iv) Despatch through Special Messenger (v) Despatch by hand across the counter (vi) Whether these Registers are maintained neat Tidy. Whether value of stamps totaled. (a) daily (b) Correctly 12. Whether postal registration books used for registered post ? 13. Stamp Account Register: Whether stamp register is maintained in the prescribed form? Totals from the despatch registers and postal registration book Posted. a. daily b. Correctly c. Scrutinised by S.O. daily d. Inspected each month by Deputy Registrar e. Whether stocks available tallied with the balance shown in the register? 14. Spl. Messenger(s) Books (a) What are the number of books is use? (b) Whether number serially? (c) What are the basis of allocation? (d) Whether allocation is rational? (e) Whether the time of receipt and dispatch of urgent communication is indicated? 15. Efficiency in dispatching communication at random. (examine a sample of 50 items of dak despatched during the period under inspection and indicate). (a) time taken to despatch a regd. Letter. (b) time taken to despatch a speed post letter. (c) time to taken to despatch an ordinary letter. (d) time taken to despatch a telegram. (e) time taken to dispatch a letter through SPl. Messenger. 16. General Remarks a. Adequacy of Staff Strength b. Adequacy of working condition including lighting, ventilation etc. 17. Summing up Brief recapitulation of defects or short comings noticed. 18. Suggestions for improvements a. by the inspecting officer b. Recd. For S.O/Staff and comments of Inspecting Officer thereon. 19. A general assessment of performance of the section including comparative appraisal with particular reference to the picture revealed during the last inspection. Signature of Inspecting Officer DIVISION B – ADMINISTRATION SECTION Central Administrative Tribunal………Bench 1. Name of Deptt. 2. Date present inspection 3. Date of last inspection 4. Name & Designation of the Inspecting Officer PART I (Factual data to be furnished by Section Officer) S.O. Asstt. Caretaker UDC LDC Daftry Peon 1 2 3 4 5 6 7 8 A. Staff Strength 1. Present (a) Sanctioned (b) Actual 2. At the time of last inspection (a) Sanctioned (b) Actual 3. What is the No. of members of staff having working knowledge in Hindi ? 4. What is the No. of Staff working in Hindi ? B. Typewriters 1. No. of Typewriters. 2. No. of Devnagari Typewriters C. State of work During the preceding During 12 months 12 months preceding last inspection 1. No. of receipts received 2. No. of files opened 3. (i) No. of flies due for recording (ii) No. of files recorded (iii) No. of files pending for recording 4. (i) No.of files due for review (ii) No.of files reviewed (iii) No. of files pending for review (iv) No. of files marked for further retention after review and its percentage to above (ii). 5. What is the No. of cases pending (i) pending over one month (ii) pending over three months (iii) pending over six months (iv) pending for more that one year 6. What is the No. of complaints with regard to maintenance both electrical and civil installation including maintenance of building. (i) Recd. (ii) Transmitted to CPWD (iii) Pending (iv) Complaints attended to and defects Rectified by CPWD (v) Complaints pending (indicate period of pendency and attended to itemwise) 7. What is the No. of complaints received and attended to itemwise in respect of maintenance of office equipment etc. Sl. Item details No. of No. of No. of Duration of No. complaints complaints complaints pendency Recd. attended to pending reasons for 1. 2 3 4 5 6 a. Air Conditioner b. Room Coolers c. Water Coolers d. Fans e. Typewriter (Manual) f. Typewriter (electronic) g. Word Processor h. Computer P.C. i. Photocopying Machine k. Heater l. Heat convector m. Franking machine n. Weighing machine o. Telephones p. Intercoms q. Almirah r Furniture s General cleanliness t Any other not specified items u Relating to supply of stationery/stores 8. Constraints if any to carry out the day to day work and suggestion, if any, to improve the working efficiency. Signature Name and Designation PART II – INSPECTING OFFICER’S REPORT 1. Are the following maintained ? Neat and Tidy upto date Supervised by SO periodically (i) Dead Stock Register (ii) Consumable Stock Register (iii) Distribution Register (iv) File & File Movement Register (v) List of standard sub-heads (vi) Diary Register (vii) Astt. Diary (viii) List of subject allotted to different dealing hands. (ix) Guard Files (x) Reference Folders (xi) Decision Diary/Precedent Book (xii) Reference Books (xiii) Register for watching progress of recording of files (xiv) Register for watching progress of weeding of files. (xv) Reminder diary (xvi) CPWD Complaint Register 2. Submission/processing of cases (a) Inspecting Officer to take 10 current cases ready for submission to Deputy Registrar/Registrar or senior officer and comment upon the following :- (i) Whether files are neat and tidy and are in presentable condition ? (ii) Whether properly referred, docketed, flagged, tagged wherever necessary in addition to other routine requirements in putting up papers like punching of papers, use of urgency grading etc. (iii) Whether files are resubmitted promptly in reply to queries raised by senior officers. (iv) Whether drafts put up on file are precise and concise and name designation and telephone number of the signatory indicated. (v) Whether files relating to processing of bills are submitted promptly and due care has been taken to ensure the compliance of relevant rules before releasing the payments. 3. Checks on delays a. Whether weekly arrear statement is prepared b. Whether monthly arrear statement is prepared. c. Whether Check List for incoming and outgoing return is maintained and returns are sent well in time. d. Whether all incoming papers are diarised and if so, there has been any delay in diarizing the papers. e. Whether there has been any delay in typing out the fair letters. 4. Opening and numbering of files (i) List of standard heads and subheads : a. Maintained ? b. Reviewed annually ? (ii) Files opened under appropriate heads? (iii) Titles appropriate? 5. Check list of incoming and outgoing periodical returns. a. No. of periodical returns and what is the Periodicity:- i. Weekly ii. Fortnightly iii. Monthly iv. Quarterly v. Half-yearly vi. Yearly b. What is the number of returns recd./sent up to date? i. What is the No. of returns not received/sent on date? ii Whether adequate steps have been taken to obviate the recurrence of delays, if so, please describe and if not what are the reason therefor? c. Check list to attend letters received from Supreme Court High Courts, M.Ps etc and D.O. letters addressed to Hon’ble Chairman/Hon’ble Vice-Chairman. i. Is S.O. keeping special watch? ii. If so, how and if not, why? iii. Is the method adopted adequate, if not, what are the suggestions? iv What is the number of such letters not acknowledged or interim reply given a. Within a week b. Within a month 6. Check of Staff Cars 1. Do adequate arrangements exist to maintain and servicing of staff car/ If not what are the deficiencies? 2. Do adequate arrangement exist for garaging vehicles Properly? If not, what are the deficiencies? 3. Do adequate arrangement exist for refueling of vehicles? If not, what are the deficiencies? 4. Do the log books of vehicles are maintained in prescribed proforma and entries are checked periodically by the Controlling Officer. I If not, what are the deficiencies? 5. Whether the monthly return on consumption of petrol is sent on time. 7. Use of Hindi for Official purposes (i) Examine a sample of 5 cases of Hindi speaking States e.g., UP, MP, HP, Bihar, Rajasthan, Haryana And Union Territory of Delhi and report as to whether in each case communication was sent in Hindi. (ii) Take sample of 5 communications in Hindi received from member of public or employees to which replies have been sent and indicate whether letter s received in Hindi are replied in Hindi or not. (iii) Of the 10 sample cases referred to above, indicate in how many cases noting/drafting were done originally in Hindi. (iv) Take example of 5 contracts/agreements executed and indicate the number of those not simultaneously executed in Hindi. (v) Take sample of 5 each of (i) forms (ii) Rubber stamps (iii) subjects on file cover and indicate whether these have been prepared bilingually and if not, what action has been taken to do the needful. Summing up 1. Brief recapitulation of defects or short comings noticed and any other comments which inspecting officers may have to make. 2. A general assessment of the performance of the section including a comparative appraisal with reference to the picture revealed during the previous inspections. (The defects mentioned in the last three or four inspections reports with particular reference to the recurring and continuing irregularities which have not been rectified should be specially stated.) 3. Suggestion for improvement (a) made by inspecting officer (b) received from the staff of the section together with comments of the inspecting officer, thereon. Signature of Inspecting Officer Designation . Dated :……………………… SCHEDULE IV FORMAT FOR INSPECTION OF RECORD ROOM 1. Date present inspection 2. Date of last inspection 3. Dates of Inspection during the current financial year 4. Name & Designation of the Inspecting Officer 5. Name of the S.O. or I/C (RR) and date from when he is incharge. 6. Date of submission of compliance report to Dy. Registrar (J). PART I STAFF STRENGTH (Factual data to be furnished by Section Officer) S.O. Asstt. UDC LDC Daftry Peon 1 2 3 4 5 6 7 1. Staff Strength Present staff strength with date they took charge of the post. (a) Sanctioned (b) Actual 2. The staff strength at the time of last inspection (a) Sanctioned (b) Actual 3. Number of members of staff having working knowledge of Hindi 4. Number of Staff working in Hindi 5. Distribution of work amongst various officers 6. Whether fire extinguisher has been installed and is in proper working order. If not, action taken in respect thereof. 7. Whether the electrical fittings and wiring are safe and satisfactory and in working order. 8. Whether space for keeping records is sufficient. If not, suggestions, if any. 9. Whether the racks are sufficient, if not, requirement considering the available space. PART II 1. Whether all the files received in the previous quarter are properly tagged and stitched. (Take ten files from different racks in all and tally the documents with index and examine in respect of other matters.) 2. How many defective files (Badar files) were found during the quarter. 3. Whether all the file are properly kept year-wise in seriatim and labels indicating the year affixed. 4. If any file found lying on the floor or not kept at proper place, the reasons for it. The date of receipt in record room should be indicated with the name of the official. 5. Whether the files are received in the record room for consignment on the date/dates fixed for each judicial section. If not, reason therefor. 6. Whether the records are received with lists and all such lists are properly stitched. PART III 1. Name and number of years for which complete weeding of files done. 2. Total number of files with their Institution number, checked and ready for weeding. 3. Total number of files and year of latest file weeded after checking. 4. Ten oldest files pending for weeding and reasons of delay. 5. Steps taken for the destruction of weeded-out files. 6. Whether registers for weeded out/destroyed files maintained upto date. 7. Whether parts of the files to be maintained after weeding out are kept in order and proper place or not. PART IV 1. Whether files requisitioned for inspection are received back within three days. If not, reasons thereof. 2. Whether files requisitioned for issuing copy are received back within three days. If not, reasons thereof. 3. Registers for requisition properly maintained or not with date of requisitioned and date of sending the files and date of receiving back.
In exercise of the powers conferred by the Central Government under sub-clause(ii) of clause (c) of sub-section (2) of Section 3 of the Destruction of Records Act, 1917), the Chairman, Central Administrative Tribunal, hereby makes with the previous approval of the Central Government, the following rules to regulate the destruction of records, books and papers of all Benches of the Central Administrative Tribunal, namely;-
In exercise of the powers conferred by section 23 of the Contempt of Courts Act, 1971 (70 of 1971), read with section 17 of the Administrative Tribunals Act, 1985 (13 of 1985) and all other powers enabling it in this behalf and in supersession of all rules on the subject, the Central Administrative Tribunal hereby makes the following rules to regulate the proceedings under the said Act.
1.Short title and commencement - (1) These rules may be called the Contempt of Courts (C.A.T.) Rules, 1992.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Definitions - In these rules, unless there is anything repugnant to the subject or context:-
(a) "Act" means the Contempt of Courts Act, 1971 (70 of 1971);
(b) "Code" means the Code of Criminal Procedure;
(c) "Form" means the form set out in the appendix to these rules;
(d) "Member" means a Member, whether "Judicial" or "Administrative" and includes Vice-Chairman and Chairman;
(e) "Registrar" means Registrar of the Central Administrative Tribunal or its Benches where the contempt proceedings are taken andshall include Joint Registrar and Deputy Registrar, and the Section Officer authorized to discharge the functions of the Registrar;
(f) "Section" means a section of the Act;
(g) "Tribunal" means the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 or the Bench thereof, where the proceedings are taken cognizance of;
(h) "words and expression" not defined in these rules shall have the same meaning as defined in the Act.
3.Form of motion. - Every motion for initiating action for contempt of the Tribunal shall be in the form of a petition described as "Contempt Petition (Civil)" in respect of Civil Contempt and "Contempt Petition(Criminal)" in respect of Criminal Contempt.
4.Parties to the proceedings. - The party who presents the petition shall be described as the "Petitioner" and the alleged contemner shall be described as the Respondent.
5.Contempt of the petition. - The petition shall set out the following particulars:-(i)(a) Name (including as far as possible the name of the father/mother/husband), age, occupation and address of-
(i) the petitioner; and
(ii) the respondent.If the alleged contemner is an officer, he shall be described by name and designation.
(b) provision of the Act invoked and the nature of the contempt, "Civil" or "Criminal".
(c) the grounds and material facts constituting the alleged contempt, including the date of alleged contempt, divided into paragraphs, numbered consecutively, along with supporting documents or certified/photostat (attested) copies of the original thereof;
(d)the nature of the order sought from the Tribunal;
(e)if a petition has previously been made by him on the same facts, the details, particulars and the result thereof;
(f)the petition shall be supported by an affidavit verifying the facts relied upon except when the motion is by the Attorney General or the Solicitor General or the Additional Solicitor General;
(g)every petition shall be signed by the petitioner and his Advocate, if any, and shall show the place and date;
(h)draft charges shall be enclosed in a separate sheet;
(i)in the case of "Civil Contempt" certified copy of the judgment, decree, order, writ or undertaking alleged to have been disobeyed shall be filed along with the petition;
(j)where the petitioner relies upon any other document(s) in his possession, or power, he shall file them along with the petition;
(ii) in the case of "Criminal Contempt" of the Tribunal other than a contempt referred to in section 14 of the Act, the petitioner shall state whether he has obtained the consent of the Attorney General or the Solicitor General or the Additional Solicitor General and if so, produce the same, if not the reasons thereof;
(iii) the petitioner shall file three complete sets of the petition including the annexures in paper book form duly indexed and paginated. Where the number of respondents is more than one, equal number of extra paper books shall be filed;
(iv) no fee shall be payable on a petition or any document filed in the proceedings.
6. Taking cognizance. - Every proceeding for contempt shall be dealt with by a Bench of not less than two Members: Provided where the contempt is alleged to have been committed in view of, presence or hearing of the Member(s), the same shall be dealt with by the Member(s) in accordance with section 14 of the Act.
7. Initiation of Proceedings.-(i) Every petition for "Civil Contempt" made in accordance with these rules shall be scrutinized by the Registrar, registered and numbered in the Registry and then placed before the Bench for preliminary hearing.
(ii) Every petition for "Criminal Contempt" made in accordance with these rules and every information other than a petition, for initiating action for criminal contempt under the Act on being scrutinized by the Registrar shall first be placed on the administrative side before the Chairman in the case of Principal Bench and the concerned Vice-Chairman in the case of other Benches or such other Member as may be designated by him for this purpose and he considers it expedient and proper to take action under the Act, the said petition or information shall be registered and numbered in the Registry and placed before the Bench for preliminary hearing.
(iii) When suo motu action is taken the statement of facts constituting the alleged contempt and copy of the draft charges shall be prepared and signed by the Registrar before placing them for preliminary hearing.
8. Preliminary hearing and notice - (i) The Bench if satisfied that a prima facie case has been made out, may direct issue of notice to the respondent, otherwise, it shall dismiss the petition or drop the proceedings.
(ii) The notice shall be in Form No.1 and shall be accompanied by a copy of the petition or information and annexures, if any, thereto.
(iii) Service of notice shall be effected in the manner specified in the Central Administrative Tribunal(Procedure) Rules, 1987 or in such other manner as may be directed by the Bench.
9. Compelling attendance. - (i) The Tribunal, if it has reason to believe, that the respondent is absconding or is otherwise evading servcie of notice, or has failed to appear in person in pursuance of the notice, direct a warrant, bailable or non-bailable, for his arrest, addressed to one or more Police Officers or may order attachment of property belonging to such person. The warrant and the writ of attachment shall be issued under the Signature of the Registrar. The warrant shall be in Form No.II and shall be executed as far as may be, in the manner provided for execution of warrants under the Code.
(ii) The warrant shall be executed by the Officer or Officers to whom it is directed and may also be executed by any other Police Officer whose name is endorsed upon the warrant by the Officer to whom it is directed or endorsed.
(iii) Every person who is arrested and detained shall, if he cannot be produced before the Tribunal within Twenty-four hours of arrest excluding the time necessary for the journey from the place of arrest to the Tribunal, be produced before the nearest Magistrate within the said period, who may authorise detention till such person is produced before the Tribunal.
(iv) Every person who is arrested and detained wehn produced before the Tribunal, may be released on bail on a bond for such sum of money as the Tribunal thinks sufficient with or without sureties, with the condition that the person so released shall attend the Tribunal at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the Tribunal: Provided that the Tribunal may, if thinks fit, instead of taking baik from such person, release him on personal bond for his attendance. The provisions of the Code shall, so far as may be, apply to all arrests made and bonds executed under the Rules.
10. Appearance of the respondent. - Unless ordered otherwise by the Tribunal, whenever a notice is issued under these rules, the respondent shall appear in person in the case of "criminal contempt" and in person or through an Advocate in the case of "civil contempt" at the time and place specified in the notice and continue to attend on subsequent dates to which the petition is posted.
11. Reply by the respondent.- The respondent may file his reply duly supported by an affidavit on or before the first date of hearing or within such extended time as may be granted by the Tribnal
12. Right to be defended by an Advocate.- Every person against whom proceedings are initiated under the Act, may as of right be defended by an Advocate of his choice.
13. Hearing of the case and trial.-Upon consideration of the reply filed by the respondent and after hearing the parties:
(a) If the respondent has tendered an unconditional apology after admitting that he has committed the contempt, the Tribunal may proceed to pass such orders as it deems fit;
(b) If the respondent does not ambit that he has committed contempt, the Tribunal may,
(i) if it is satisfied that there is a prima facie case, proceed to frame the charge in Form III (subject to modification or addition by the Tribunal at any time); or
(ii) drop the proceedings and discharge the respondent, if it is satisfied that there is no prima facie case, or that it is not expedient to proceed;
(c) The respondent shall be furnished with a copy of the charge framed, which shall be read over and explained to the respondent. The Tribunal shall then record his plea, if any;
(d) If the respondent pleads guilty, the Tribunal may adjudge him guilty and proceed to pass such sentence as it deems fit;
(e) If the respondent pleads not guilty, the case may be taken up for trial on the same day or posted to any subsequent date as may be directed by the Tribunal.
14. Assistance in the conduct of proceedings.- The Attorney General/Solicitor General/Additional Solicitor General, or any other Advocate as may be designated by the Tribunal shall appear and assist the Tribunal in the conduct of the proceedings against the respondent.
15. Procedure for trial.-(i) Except as otherwise provided in the Act and these rules, the procedure prescribed for summary trials under Chapter XXI of the Code shall as far as practicable be followed in the trial of cases for contempt.
(ii) The Tribunal may, at its discretion, direct that evidence be produced in the form of affidavits.
(iii) The Tribunal may, either suo motu or on motion made for that purpose, order the attendance for cross-examination of a person whose affidavit has been filed in the matter.
(iv) The Tribunal may, at its discretion, direct any person to be examined as Tribunal witness.
(v) The Tribunal may make such order as it deems fit for the purpose of securing the attendance of any person to be examined as a witness and for discovery or production of any document.
16. Expenses of witnesses.- (i) Where any person is summoned by the Tribunal to appear as a witness in any proceedings under the Act, the expenses of such witness as may be determined by the Tribunal shall be borne by the party who has cited him as a witness.
(ii) Where the Tribunal summons any witness other than the witnesses cited by the parties, his expenses as determined by the Tribunal shall be paid by the Registrar from the funds for contingencies.
17. Executive of sentence.-(i) If the responent is found guilty and is sentenced to imprisionment other thatn imprisonment till rising of the Tribunal a warrant of commitment and detention shall be made out in Form No.IV under the signature of the Registrar. Every such warrant shall remain in force until it is executed or cancelled by order of the Tribunal. The Superintendent of Jail specified in the order shall, in pursuance of the warrant, detain the contemner in custody for the period specified therein subject to such further direction as the Tribunal may give.
(ii) When the Tribunal awards a sentence of fine and the fine amount is not paid at once or within such time as may be granted by the Tribunal, the Registrar shall take action in any one of the ways provided in section 421 of the Code.
(iii) Warrants to be issued under sub-rule (ii) shall be in Form Nos. V and VI, as the case may be.
(iv) The report of the action taken by the Superintendent of the Jail or the Police Officer or District Collector to whom the warrant under sub-rule (iii) might have been addressed shall be filed in the records of the case.
18. Execution of processes.- Process issued by the Tribunal shall, except as otherwise specifically provided, as executed by the Superintendent of Police/Commissioner of Police, as the case may be.
19. Procedure on forfeiture of the bond.- If any bond given for appearance of the respondent is forfeited due to his absence, the Tribunal may, after giving opportunity to the respondent or the surety, as the case may be, levy the whole or any part of the amount mentioned in the surety bond, as penalty and direct the same to be recovered as if it were a fine imposed on the respondent/surety under the Code.
20. Apology at any stage of the proceedings.-
(i) If at any time during the pendency of the proceedings, the contemner tenders an apology, the same shall be placed expeditiously for orders of the Bench.
(ii) If the Tribunal accepts the apology, further proceedings shall be dropped.
21. Costs.- (i) The Tribunal may award costs as it deems fit in the circumstances of the case.
(ii) The costs so awarded shall be recovered in the same manner as a fine imposed under the Code.
22. Application of other Rules of the Tribunal. - In matters not specifically provided for in these rules, the procedure prescribed in the relevant Rules of the Tribunal as amended from time to time shall mutatis mutandis apply to proceedings under these rules.
23. Application to pending proceedings.- These fules shall as far as practicable to be applicable pending proceedings.
FORM NO. 1
[See rule 13(b)(i)]
Notice to Respondent
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
(Name of the Bench) __________________________________Place
Contempt Petition Civil/Criminal No................................
(here mention the name and address of the person to whom notice is being sent).
Whereas information is laid/a petition is filed/motion is made by......that you (here mention the gist of the accusation made in the information/petition/motion).And whereas a petition has been registered for action being taken against you under the Contempt of Courts Act, 1971;You are hereby required to appear in person or through a duly authorised advocate* on ......... day of ...... at ...... and on on subsequent dates to which the proceedings are adjourned, unless otherwise ordered by the Tribunal, and show cause why such action as is deemed fit under the Contempt of Courts Act, 1971 should not be taken against you. Given under my hand and the seal of thie Tribunal, on this............day of ...........200....
Central Administrative Tribunal
*Strike out whichever is not applicable.
FORM NO. II
[See rule 9(i)]
Warrant of Arrest
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
(Name of the Bench) __________________________________Place
Contempt Petition Civil/Criminal No................................
(Name, designation and address of the officer(s) authorised to execute the warrant). Whereas Shri/Smt...............of .........is charged with committing contempt of the Tribunal, you are hereby directed to arrest the said.........and to produce him/her before this Tribunal. Herein fail not.
(If the Tribunal has issued a bailable warrant, the following endorsement shall be made on the warrant). If the said..........shall give bail in the sum of Rs.............with one surety in the sum of Rs....... (or two sureties each in the sum of Rs.........) to attend before this Tribunal on the ......day of ......200..and to to continue so to attend until otherwise directed by this Tribunal, he may be released. Given under my hand and the seal of the Tribunal this....... day of.........200...
Central Administrative Tribunal
FORM NO. III
[See rule 13 (b)(i)]
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
(Name of the Bench) __________________________________Place
Contempt Petition Civil/Criminal No................................
Central Administrative Tribunal...............Bench hereby charges you.......(name of the alleged contemner) as under:-
That you, on or about...........day of ........at..........(here give the gist of the material.....allegedly constituting contempt) and thereby committed the contempt of this Tribunal punishable under section.........(here give the relevant section of the Contempt of Courts Act, 1971), within our cognizance.
You are hereby directed to be tried by this Tribunal for the aforesaid charge.
Signature of the Hon'ble Member(s)
The charge was read over and explained to the alleged contemner and his plea was recorded as under:
(1) Do you plead guilty to the charge?
(2) Do you have anything else to say?
Signature of the alleged contemner
Signatures of the Hon'ble Member(s)
Presiding over the Bench
[See rule 17(i)]
Warrant of Commitment to Prison
(Name of the Bench) __________________________________Place
Contempt Petition Civil/Criminal No................................
Name of the Jail
Whereas the Central Administrative Tribunal........................ Bench has on this.......day of .....adjudged...... (name/description of the contemner) guilty of wilful contempt of the Tribunal and sentenced to undergo simple imprisonment for................(here specify the term) and/or pay a fine of Rs.......and in default of payment of fine to undergo simple imprisonment for .........(specify the period).
This is to authorise and require you, the Suprintendent of the ......Jail, to receive the said (name of the contember) into your custody, together with this warrant and keep him safely in the said jail for the said period for for such period as may hereinafter be fixed by the order of this Tribunal and intimated to you. You are directed to return this warrant with an endorsement certifying the manner of its execution.You are further directed that while the said .........is in your custody, produce the said........before this Tribunal at all times when the Tribunal so directs.
Given under my hand and the seal of the Tribunal this....... day of.........200...
Central Administrative Tribunal
FORM NO. V
[See rule 17(ii) and (iii)]
Warrant for attachment of Movables
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
(Name of the Bench) __________________________________Place
Contempt Petition Civil/Criminal No................................
(Name, designation of the officer authorised to execute the warrant).Whereas the Central Administrative Tribunal on (this day) had adjudged (name and description of the contemner) guilty of wilful contempt of Tribunal and sentenced to pay a fine of Rs........ and whereas the said.....(name) although required to pay the said fine has not paid the same or any part thereof. This is to authorise and require you to attach any movable property belonging to the said.......(name) which may be found within the district of .............and if within...........(state the number of days or hours allowed) next after such attachment, the said sum shall not be said to sell the moveable property attached or so much thereof, as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying that you have done under it, immediately upon its execution.
Given under my hand and seal of the Tribunal this.........day of ..........20......
Central Administrative Tribunal
FORM NO. VI
[See rule 17(ii) and (iii)]
Warrant for attachment by District Collector/Deputy Commissioner
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
(Name of the Bench) __________________________________Place
Contempt Petition Civil/Criminal No................................
The District Collector/Deputy Commissioner
Whereas the Central Administrative Tribunal on (this day) had adjudged (name and description of the contemner) guilty of wilful contempt of Tribunal and sentenced to pay a fine of Rs........ and whereas the said.....(name) although required to pay the said fine has not paid the said fine/the sum of ......being the part thereof.This is to authorise and require you to realise the amount by execution according to civil process against the movable or immovable property or both of the respondent aforesaid in the manner provided by section 421 of the Code of Criminal Procedure, 1973.This order shall be deemed to be a decree and you the decree holder, within the meaning of the Code of Civil Procedure, 1908 and the order shall be executable as such decree.
Given under my hand and the seal of this Court, this.........day of ..........20......
Central Administrative Tribunal
THE CENTRAL ADMINISTRATIVE TRIBUNAL (SALARIES & ALLOWANCES & CONDITIONS OF SERVICE OF CHAIRMAN, VICE-CHAIRMEN & MEMBERS) RULES, 1985
1.GSR 644(E), dated the 10th August, 1985 - In exercise of the powers conferred by clause (c) of sub-section 35 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central Government hereby makes the following rules, namely:-
1.Short title and commencement – (1) These rules may be called the Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairmen and Members) Rules, 1985.
(2)they shall come into force on the date of their publication in the official Gazette.
2.Definitions – In these rules, unless the context otherwise requires –
(a) “Act” means the Administrative Tribunal Act, 1985 (13 of 1985);
(b) “Tribunal” means the Central Administrative Tribunal.
3.Pay - The Chairman shall be entitled to a pay of rupees thirty thousand per mensem; a Vice-Chairman shall be entitled to a pay of rupees twenty six thousand per mensem and a Member shall be entitled to a pay in the scale of Rs.22,400-600-26000/- per mensem Provided that in the case of appointment as a Chairman, Vice-Chairman or a Member of a person who has retired as a Judge of High Court or who has retired from service under the Central Government or a State Government and who is in receipt of or has received or has become entitled to receive any retirement benefits by way of pension or gratuity employer’s contribution to the Contributory Provident Fund or other forms of retirement benefits, the pay shall be reduced by the gross amount of pension or pension equivalent to service gratuity or employer’s contribution to Contributory Provident Fund or any other form of retirement benefits, if any, but excluding pension equivalent to retirement gratuity, drawn or to be drawn by him.
4.& Dearness Allowance - The Chairman, Vice-Chairman and a Member shall be entitled to dearness allowance appropriate to their pay at the rates admissible to Group `A’ officers of the Central Government drawing a pay in the scale of Rs.22,400-600-26,000/- or above.
4A. + City Compensatory Allowance - The Chairman, a Vice-Chairman and a Member shall be entitled to City Compensatory Allowance appropriate to their pay at the rates drawing a pay admissible to Group `A’ officers of the Central Government in the scale of Rs.22,400-600-26000/- or above.The Chairman, a Vice-Chairman and a Member shall be entitled to City Compensatory Allowance appropriate to their pay at the rates drawing a pay admissible to Group `A’ officers of the Central Government in the scale of Rs.22,400-600-26000/- or above.
5.Retirement from parent service on appointment as Member (1) : The Chairman, a Vice-Chairman or a Member who on the date of his appointment to the Tribunal, was in service under the Central Government or a State Government, shall seek retirement from such service before his appointment to the Tribunal and in the case of a sitting Judge of a High Court who is appointed as Chairman, Vice-Chairman, his service in the Tribunal shall be treated as Actual service within the meaning of para 11(b) (i) of Part `D’ of the second Schedule to the Constitution.
(2)On such retirement as is provided for in sub-rule(1), the Chairman, Vice-Chairman and Member :
(i)shall be entitled to receive pension and gratuity in accordance with the retirement rules applicable to him;
(ii)Shall not be allowed to carry forward his earned leave but shall be entitled to receive cash equivalent to leave salary, if any,in accordance with the rules applicable to him prior to his retirement.
6.Leave – (1) A person, on appointment in the Tribunal as a Chairman, Vice-Chairman or a Member shall be entitled to leave as follows:
(i)earned leave at the rate of fifteen days for every completed calendar year of service.
(ii)Half pay leave on medical certificate or on private affairs at the rate of twenty days in respect of each completed year of service and the leave salary for half pay leave shall be equivalent to half of the leave salary admissible during the earned leave;
(iii)leave on half pay can be commuted to full pay leave at the discretion of the Member, provided it is taken on Medical grounds and is supported by a medical certificate from the competent medical authority.
(iv)extra ordinary leave without pay and allowances upto a maximum period of 180 days in one term of office.
(2)If the Chairman, a Vice-Chairman or a Member is unable to enjoy full vacation on account of his occupation with the Tribunal, he shall be entitled to add the unenjoyed period of vacation to the leave account.Explanation - For the purpose of this sub-rule “vacation” means vacation of 30 days in each calendar year observed by the Tribunal.
(3)% On the expiry of the term of his office in the Tribunal, the Chairman, the Vice-Chairman or a Member shall be entitled to receive cash equivalent of leave salary in respect of the earned leave standing to his credit subject, to the conditions that the maximum of leave encashed under this sub-rule or sub-rule(2) of rule 5 or at the time of retirement from previous service, as the case may be, or taken together shall not in any case exceed 300 days:Provided that in respect of the Chairman, Vice-Chairman and the Members holding office on the date of commencement of the Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairman and Members) Amendment Rule, 1992, this sub-rule shall be applied as it stood before such commencement.
(4)The Chairman, the Vice-Chairman or other Members shall be entitled to receive the dearness allowance as admissible on the leave salary under sub-rule(2) at the rates in force on the date of the relinquishment of the office in the Tribunal;
7. Leave sanctioning authority - The Chairman shall be the authority competent to sanctioning leave to the Vice-Chairman and to a Member and the President shall be the authority competent to sanction leave to the Chairman.
8. Pension – (1) Every person appointed to the Tribunal as the Chairman, a Vice-Chairman or a Member shall be entitled to pension provided that no such pension shall be payable.
(i)if he has put in less than two years of service; or
(ii)if he has been removed from an office in the Tribunal under sub-section(2) of section 9 of the Act. (2)Pension under sub-rule (1) shall be calculated at the rate of rupees four thousand seven hundred and sixteen per annum for each completed year of service:
Provided that the aggregate amount of pension payable under this rule together with amount of any pension including commuted portion of pension if any drawn or entitled to be drawn while holding office in the Tribunal shall not exceed the maximum amount of pension prescribed for a Judge of the High Court.
9.Provident Fund – The Chairman, a Vice-Chairman or a Member shall be entitled to subscribe to the General Provident Fund at his option and in case of his so opting shall be governed by the provisions of the Central Provident Fund (Central Services) Rules:Provided that if the Chairman, a Vice-Chairman or a Member was Judge of a High Court or was a Member of an All India Service immediately before his joining the Tribunal, he shall be governed by the rules which were applicable to him immediately before joining the Tribunal.
10.Travelling Allowance - The Chairman, a Vice-Chairman or other Member while on tour as on transfer (including the journey undertaken to join the Tribunal or on the expiry of his term with the Tribunal to proceed to his home town) shall be entitled to the traveling allowances, daily allowance, transportation of personal effects and other similar matters at the same scales and the same rates as are prescribed in the High Court Judges (Travelling Allowances) Rules, 1956.
11.Leave Travel Concession - the Chairman, a Vice-Chairman and a Member shall be entitled to the leave travel concession at the same rates, and at the same scales and on the same conditions as are admissible to Group `A’ officer of the Central Government drawing a pay in the scale of Rs.22,400-600-26,000/- or above.
12.Accommodation – (1) Every person appointed to the Tribunal as a Chairman, a Vice-Chairman or a Member shall be entitled to the use of an official residence from the general pool accommodation of the type admissible to an officer of the rank of a Secretary to the Government of India stationed at Delhi on the payment of the licence fee at the rates prescribed by the Central Government from time to time.
(2)When a Chairman, a Vice-Chairman or a Member is not provided with or does not avail himself of the general pool accommodation referred to in sub-rule(1) he may be paid every month an allowance of an amount equal to thirty percent of his pay.
(3)Where the Chairman, a Vice-Chairman or a Member occupies an official residence beyond the permissible period he shall be liable to pay additional licence fee or penal rent, as the case may be, and liable to eviction in accordance with the rules applicable to Secretary to the Government of India belonging to the Indian Administrative Service.
13.Facility of conveyance –The Chairman, Vice-Chairman and a Member shall be entitled to the facility of staff car for journeys for official and private purposes in accordance with the Staff Car Rules of the Government of India.
14.Facilities for Medical Treatment - The Chairman, Vice-Chairman or other Member shall be entitled to medical treatment and hospital facilities as provided in the Contributory Health Service Scheme Rules, 1954 and in places where the Central Health Services Scheme is not in operation, the Chairman, Vice-Chairman and Members shall be entitled to the facilities as provided in the Central Services Medical Attendance Rules.
15.Conditions of service of sitting Judges of the High Court appointed as Chairman or Vice-Chairman - Notwithstanding anything contained in these rules, where a sitting judge of a High Court is appointed as the Chairman or a Vice-Chairman of the Tribunal the service conditions as contained in the High Court Judges (Conditions of Service) Act, 1954 and the rules made thereunder shall apply to him.
15A. Notwithstanding anything contained in rule 4 to 15 of the said rules, the conditions of service and other perquisites available to the Chairman and Vice-Chairman of the Central Administrative Tribunal shall be the same as admissible to a serving Judge of a High Court as contained in the High Court Judges (Conditions of Service) Act, 1954 and High Court Judges (Travelling Allowances) Rules, 1956.
16.Residuary provision – The conditions of service of the Chairman, Vice-Chairman or other Member for which no express provision is available in these rules shall be determined by the rules and orders for the time being applicable to a Secretary to the Government of India belonging to the Indian Administrative Service.
17.Powers to relax rules – The Central Government shall have power to relax the provisions of any of these rules in respect of any class or categories of persons.