Armed Forces Tribunal (Practice) Rules, 2009[1]
[14th May, 2009]
In
exercise of the powers conferred by clauses (f), (g) and of sub-section (2) of
Section 41 of the Armed Forces Tribunal Act, 2007 (55 of 2007), the Central
Government hereby makes the following rules, namely?
Rule - 1. Short title and commencement.?
(1)
These rules may be called the Armed
Forces Tribunal (Practice) Rules, 2009.
(2)
They shall come into force from the date of
publication in the official gazette.
Rule - 2. Definitions.?
(1)
In these rules, unless the context otherwise
requires,?
(i)
?Act? means the Armed Forces Tribunal Act,
2007 (55 of 2007);
(ii)
?agent? means a person duly authorised by a
party to present an application, written reply, rejoinder or any other document
on its behalf before the Tribunal;
(iii)
?applicant? means a person making an
application to the Tribunal under sub-section (2) of Section 14 or an appeal
under sub-section (2) of Section 15 of the Act;
(iv)
?application? includes Original Application
(O.A.), Review Application (R.A.), Transferred Application (T.A.),
Miscellaneous Application (M.A), Application for Transfer (A.T.) and Contempt
Application (C.A), filed before the Tribunal;
(v)
?Code? means the Code of Civil Procedure,
1908 (5 of 1908);
(vi)
?Court appealed from? includes a tribunal or
any other judicial body or court martial or authority against the decision of
which an appeal is preferred to the Tribunal;
(vii)
?Form? means the form set out in the
Appendices A and B to these rules;
(viii)
?Full Bench? means a Bench duly constituted
consisting of three or more Members.
(ix)
?Judgment? includes decree, order, sentence
or determination of any Court, Tribunal, Judge, Judicial officer or authority;
(x)
?Legal practitioner? shall have the same
meaning as assigned to it in the Advocates Act, 1961 (25 of 1961) and includes
a Standing Counsel authorised or appointed by the Central Government to accept
the service for any Department or Organisation of the Union of India;
(xi)
?Legal representative? means person who
represents the estate of a serving or deceased person and includes a person of
persons in whom the right to receive pensionary, retirement, terminal,
disability or other benefits or family pension vests under any law for the time
being in force;
(xii)
?Officer of the Judge-Advocate General's
Department? means an officer commissioned into the Judge-Advocate General's
Department of the Army or an officer permanently transferred to that Department
after qualifying at the Judge-Advocate General's Departmental examination and
includes an officer of Judge-Advocate General's Department of Navy and Air
Force;
(xiii)
?Procedure Rules? means the Armed Forces
Tribunal (Procedure) Rules, 2008 under the Act;
(xiv) ?Pleadings? shall Include original applications, reply
statement, rejoinders and additional applications or statements supplementing
the original applications and the reply statements, as may be permitted by the
Tribunal;
(xv)
?Registrar? means Registrar of the Armed
Forces Tribunal or its Benches and shall include Registrar-General, Principal,
Additional, Joint and Deputy Registrars, authorised to discharge the functions
of the Registrar;
(xvi) ?Registry? means the Registry of the Tribunal or any of
its Benches, as the case may be;
(xvii) ?Section? means a section of the Act;
(xviii)
?Services? means the Army, Navy and Air
Force, as applicable;
(xix) ?Standing Counsel? means an advocate authorised to act,
represent and accept the service for the Army, Navy or Air Force or for the
Union of India;
(xx)
?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 34;
(xxi) ?Vice-Chairperson? means a Vice-Chairperson of the
Tribunal appointed under sub-section (2) of Section 7 of the Act.
(2)
The words and expressions used and not
defined in these rules but defined in the Act, the Army Act, 1950 (46 of 1950),
the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950) shall
have the same meaning respectively assigned to them in those Acts and
respective rules made there under.
PREPARATION AND PRESENTATION OF PLEADINGS AND
OTHER PAPERS
Rule - 3. Preparation of pleadings and other papers.?
(1)
All pleadings, affidavits, memoranda and
other papers filed in the Tribunal shall be fairly and legibly typed written or
printed in English or Hindi Language on durable transparent full escape folio paper
of metric A-4 size (30.5 cms long and 21.5 cms wide) on one side only in double
space with a left margin of 5 cms and right margin of 2.5 cms duly paginated,
indexed end stitched together in the paper book form.
(2)
English translation of documents or pleadings
shall be duly authenticated by any legal practitioner.
Rule - 4. Date and signature.?
A
party required to affix his signature shall also state his name in capital
letters near his signature and, initial or sign at the bottom of each page and
shall also put date beneath his signature on the last page.
Explanation.?The
expression ?signature? or ?initial? includes thumb-mark.
Rule - 5. Attestation.?
(1)
The attestation contemplated in sub-rule (2)
of Rule 9 of the AFT (Procedure) Rules, 2008, shall be made at the end of the
document in the form given below:
?This
Annexure???.is the true copy of the original document?.
(Signature)
Name
and Designation of the Attestor with date?.
(2)
Sub-rule (1) above shall also govern production
of photocopies of the documents, provided they are clear and legible.
Rule - 6. Production of authorisation for and on behalf of more than one person.?
Where
an application or pleading or other proceeding is purported to be filed by more
than one person as single application under sub-rule (5) of Rule 4 of the AFT
(Procedure) Rules, 2008, the person or persons who sign or verify the same
shall produce along with such application, etc. for verification by the
registry, a true copy of the authorisation or Vakalatnama empowering
such person(s) to do so:
Provided
that the Registrar may at any time call upon the party to produce such further
materials as he deems fit for satisfying himself about due authorisation.
Rule - 7. 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 initialled by the officer authorised to receive the same.
Rule - 8. Receipt of papers.?
(1)
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 by post in the manner provided under Rule 4 of the AFT
(Procedure) Rules, 2008.
(2)
All pleadings and papers received before 12
noon shall ordinarily be processed immediately for being listed before the
Bench on the next working day.
Rule - 9. Date of stamping of papers and maintenance of Inward Register.?
(1)
The receiving branch of the Registry shall
immediately on receipt of any application or appeal or other pleadings or
papers and in accordance with Rule 5 of the AFT (Procedure) Rules, 2008, and
affix the date-stamp of the tribunal in the following manner:
(i)
Date-stamp shall be affixed on all pages of
the main 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 application or appeal and on
the first page of all other copies.
(2)
Receiving branch of the Registry shall after
affixation of the date-stamp, enter the details thereof in the inward Register,
Register No. I and assign a diary number. The Index shall be in Form No. 1. The
same diary number shall be entered immediately below the date-stamp on the
first page of the main application or appeal and on the first page of all other
copies.
SCRUTINY, REGISTRATION, NUMBER AND POSTING
FOR ADMISSION OR ORDERS
Rule - 10. Scrutiny of application or petition or other pleadings and papers.?
(1)
The Scrutiny Branch of the Registry shall, on
receipt of the application or appeal or pleadings from the receiving branch,
scrutinise the same as expeditiously as possible but not beyond two days from
the date of receipt:
Provided
that if, for any reason, the scrutiny is not completed within the said period,
the same shall be immediately reported to the Registrar, who shall take prompt
steps to complete the scrutiny.
(2)
The report of the scrutiny of the application
shall be in Form No. 2 and of Contempt Application either Civil or Criminal in
Form No. 3 and the scrutiny report shall be annexed to the application or
appeal.
(3)
Report or scrutiny or all other pleadings and
papers shall be recorded on the reverse side of the last page of such pleadings
or papers.
Rule - 11. Maintenance of Order-Sheet.?
(1)
The Scrutiny Branch shall attach an
order-sheet to every OA or RA or TA or AT or CA in duplicate in Form No. 4.
(2)
The column ?Notes of the Registry? in the
order-sheet shall be used for the notings by the Registry and the Column
?Orders of the Tribunal? is meant for the use of the Bench.
(3)
(a) The entries in the order-sheet shall be
in handwriting and removal of the order-sheet for typing should be avoided.
(b)
Continuous page numbers should be given to the order-sheet.
(c)
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.
(d)
Brief order may be written on the order-sheet itself and initialled by the
Members of the Bench.
(e) In
the case of lengthy orders, only the operative portion of the order need be
entered in the column ?Orders of the Tribunal? and initialled by the Tribunal
Officer.
(f)
The orders shall be annexed to the order-sheet giving them continuous paging
and reference to the order shall be made by mentioning only page number of the
order annexed.
(g)
The presence of the legal practitioner or party be indicated by their initials.
(h) No
gaps shall be left between two entries in the order-sheet and the gaps, if any,
shall be covered by drawing a line across.
Rule - 12. Classification of papers.?
(1)
The papers received in the Registry in all
applications and Contempt applications except Miscellaneous applications, shall
be classified and placed in files ?A?, ?B? and ?C? as provided in Form No. 5.
(2)
(i) File ?A? shall consist of two separate
parts i.e. Part I and Part II. Part I shall contain the order-sheet and orders
annexed thereto and 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.
(ii)
File ?B? shall contain the duplicate copy of the papers as in File ?A?.
(iii)
File ?C? shall contain the remaining papers including Vakalatnama,
notices, postal acknowledgements, miscellaneous applications, replies and
rejoinders thereto and Supreme Court orders, etc., if any.
Rule - 13. Submission of case files to Registrar.?
On
completion of the scrutiny, the Scrutiny Branch shall place the case file duly classified
as ?A?, ?B? or ?C? along with the report of scrutiny and the order-sheet before
the Registrar for his orders.
Rule - 14. Registration and Numbering.?
(1)
The Registrar on examining the application or
appeal or pleadings and the scrutiny report shall, if they are in order, direct
registration or acceptance.
(2)
Applications under Section 14 of the Act
ordered to be registered shall be numbered as O.A. No. ______________/20
(3)
Cases received on transfer under Section 27
or Section 34 of the Act shall be numbered as A.T./T.A. No_______________/20
(4)
Applications received from the Supreme Court,
High Courts and other Courts purporting to be by transfer but not covered by
Section 34 of the Act shall be numbered as Original Applications of the year
during which they are received.
(5)
Applications for review of any order of the
Tribunal and ordered to be registered shall be numbered as R.A. No.
_____________/20.
(6)
Applications under the Contempt of Courts
Act, 1973 ordered to be registered, shall be numbered as C.A. (Civil/Criminal)
No. ____________/20.
(7)
Other applications of miscellaneous nature
ordered to be registered shall be numbered as M.A. No. _____________/20.
(8)
Applications referred to in this rule shall
be entered in Register No. II.
(9)
Separate registers shall be used for each
category of applications referred to in this rule.
(10) The Registers shall be maintained from 1st January to
31st December of each calendar year.
Rule - 15. Maintenance of Indian Postal Orders or Demand Drafts Register.?
(1)
Indian Postal Orders or Demand Drafts
received in the Registry shall be entered immediately on their receipt in the
Judicial Branch in Register No. III.
(2)
On every first working day of the week, the
Indian Postal Orders or Demand Drafts received by the Judicial Branch during
the previous week shall be transmitted along with the Indian Postal Orders or
Demand Drafts Register to the Section Officer-in-charge 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.
(3)
The officer-in-charge of Cash Section shall,
after verifying the entries in the Register along with the Indian Postal Orders
or Demand Drafts, put his initials in the relevant column in the Register in
token of acknowledgment.
Rule - 16. Rectification of defects.?
(1)
If on scrutiny, any application or pleading
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 in the manner as provided under Rule 5 of the AFT (Procedure) Rules,
2008.
(2)
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.
(3)
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.
(4)
If the party or its legal practitioner
rectifies the defects and submits the application or pleadings within the time
granted, the Registrar on being satisfied, may order for its registration or
acceptance and numbering as provided in sub-rule (2) or the Rule 5 of the AFT
(Procedure) Rules, 2008.
(5)
The papers shall be returned to the party or
his legal practitioner only after obtaining acknowledgment thereof in the
Inward Register ? Register No. I.
Rule - 17. Posting of cases for admission or orders before the Bench.?
(1)
Subject to the orders of the Chairperson or
Vice-Chairperson of the concerned Bench, all registered applications or appeals
shall be posted for admission or orders before the appropriate Bench on the
next working day.
(2)
The notice of posting shall be given by
notifying in the daily cause list for the day in such manner as the Chairperson
may by general or special order direct.
(3)
Before placing the records of the case for
admission or 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?.
(4)
The constitution of Benches and distribution
of work shall be as per the orders as may be made by the Chairperson from time
to time.
Rule - 18. Posting of urgent cases.?
Notwithstanding
anything contained in Rule 14 of the AFT (Procedure) Rules, 2008, the
Chairperson or Vice-Chairperson and in his absence the seniormost Member of the
Bench may order any case not included in the daily cause list to be listed on
urgent basis for admission or orders. Such directions shall promptly be carried
out by the Registry after completing all the formalities.
Rule - 19. Matters to be attended to prior to commencement of sitting.?
(1)
Unless otherwise directed by the Members
constituting the Bench, the Tribunal Officer shall ensure that records of the
cases listed for admission or 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.
(2)
The Tribunal 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.
(3)
The Tribunal Officer shall verify the case
records listed for the day and arrange them in the serial order as given in the
cause list before the commencement of the sitting.
(4)
The Tribunal 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.
(5)
If for any reason, the Bench cannot sit or
the sitting is delayed, the Registrar shall immediately obtain the orders of
the Chairperson or Vice-Chairperson and notify the same on the notice board and
in the Court Hall through the Tribunal Officer.
Rule - 20. Maintenance of Tribunal diary.?
(1)
The Tribunal Officer of the Bench concerned
shall maintain legibly a Tribunal Diary in Register No. IV, wherein he shall
record the proceedings of the Tribunal for each sitting day with respect to the
applications listed in the daily cause list.
(2)
The matters to be recorded in the Tribunal
Diary shall include details as to whether the case is adjourned, or part-heard
or heard and disposed of or heard and orders reserved, as the case may be.
Rule - 21. Statutes or Citations for reference.?
The
parties or legal practitioners shall before the commencement of the proceedings
for the day, furnish to the Tribunal Officer a list of law journals, reports,
statutes and other citations, which may be cited for reference.
Rule - 22. Calling of cases in Tribunal.?
The
Tribunal Officer shall call the cases listed in the cause list in the serial
order in accordance with Rules 14 and 15 of the AFT (Procedure) Rules, 2008,
and orders of the Bench.
Rule - 23. Regulation of Tribunal Work.?
(1)
When the Bench is sitting, the Tribunal
Officer shall ensure?
(a)
that no inconvenience or wastage of time is
caused to the Bench in making available the services of Tribunal Master,
stenographer or peon;
(b)
that perfect silence is maintained in and
around the Tribunal Hall and no disturbance whatsoever is caused to the
functioning of the Bench; and
(c)
that proper care is taken to maintain dignity
and decorum of the Tribunal.
(2)
When the Bench passes an order or direction,
the Tribunal Officer shall ensure that the records of the case along with
proceedings or orders of the Bench are transmitted immediately to the Judicial
Branch.
(3)
The Judicial Branch shall verify the case
records received from the Tribunal Officer with reference to the cause list and
take immediate steps to communicate the directions or orders of the Bench to
all concerned.
SERVICE OF NOTICE
Rule - 24. Issue of Notices.?
(1)
Unless otherwise ordered by the Tribunal,
when a notice is ordered, the applicant shall, in cases governed by sub-rule
(5) of the Rule 11 of the AFT (Procedure) Rules, 2008, pay the prescribed fee
for service of notice accompanied by a memo in Form No. 7 within seven days
from the date of order and in case of default, no notice shall be issued to any
of the respondents and the matter shall be placed immediately before the Bench
for appropriate orders.
(2)
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.
(3)
Where the notice was properly addressed,
prepaid and duly sent by registered post, acknowledgment due, the declaration
referred to in sub-rule (2) shall be made when for any reason the
acknowledgment is not received by the Tribunal within thirty days from the date
of the issue of the notice.
Rule - 25. Steps for issue of fresh notice.?
(1)
If any notice is returned unserved under the
circumstances not specified in sub-rules (2) and (3) of Rule 24, the facts and
the reason therefor shall be notified immediately on the notice board of the
Registry.
(2)
The applicant or his legal practitioner shall
within seven days from the date of such notice take steps for service of fresh
notice.
Rule - 26. Consequence of failure to take steps for issue of fresh notice.?
If the
applicant or his legal practitioner fails to take necessary steps in time for
service of fresh notice on the respondent(s) and consequently, the service
remains incomplete, the Registrar shall post the case before the Bench for
further directions.
Rule - 27. Service of notice, etc. on legal practitioners.?
A
legal practitioner representing a party in any proceeding and any person
authorised 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 and such service shall be deemed to be proper
service on the party.
Rule - 28. Form of Notice.?
Notice
to show cause regarding admission shall be in Form No. 8 and the notice ordered
after admission shall be in Form No. 9.
Rule - 29. Entries regarding service of notice or 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 unserved, steps taken for issuing fresh notice and date of
completion of service, etc.
FILING OF REPLY STATEMENT OR REJOINDER
Rule - 30. Filing of Reply Statement.?
(1)
Each respondent shall file the reply
statement in the manner as provided under Rule 12 of the AFT (Procedure) Rules,
2008.
(2)
When all or any of the respondent(s) fail to
file reply statement in the form, manner and within the time as provided under
Rule 12 of the AFT (Procedure) Rules, 2008, the case shall be deemed to be
ready for hearing and included in the ready list for final hearing.
Rule - 31. Filing of rejoinder.?
(1)
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 or Registrar within the time granted.
(2)
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 AFT (Procedure) Rules, 2008.
(3)
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 list for final hearing.
Rule - 32. Papers not to form part of the records.?
(1)
Except with the leave of the Tribunal, the
following shall not form part of the records of the case?
(a)
reply statement filed after the expiry of the
time granted for the purpose;
(b)
rejoinder filed without the leave of the
Court or filed after the expiry of the time granted; and
(c)
additional pleadings filed without the leave
of the Court or filed after the expiry of the time granted.
(2)
The papers referred under sub-rule (1) which
are 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 such notice, failing which the Registry shall take steps to
destroy the same.
Rule - 33. Incorporation of amendments, filing of additional reply, etc.?
(1)
When the Tribunal allows an application 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 or legal
practitioner, who has obtained the order, within the time granted for the
purpose by the order or if no time is granted, within 14 days from the date of
the order.
(2)
If, the Bench or the Tribunal has directed
furnishing of a fresh copy incorporating the amendments or addition 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 or if no time
is granted, within 14 days from the date of the order,
(3)
In case of default under sub-rules (1) and
(2), the Registry shall place the matter before the Bench for orders.
PROCEEDINGS BEFORE REGISTRAR'S COURT
Rule - 34. Matters to be listed before the Registrar's Court.?
Once
an application or appeal is admitted and notice ordered, the same shall be
posted before the Registrar for completion of pleadings.
Rule - 35. Cause list for Registrar's Court.?
Cases
required to be dealt with by the Registrar shall be notified in a separate
daily cause list and the cases so notified shall be taken up in the Registrar's
Court in the serial order as indicated in the cause list.
Rule - 36. Recording of proceedings.?
After
hearing the parties or their legal practitioners and on perusing the record,
the Registrar may record his decisions in the column ?Notes of the Registry? in
the order-sheet and put his initials with date.
Rule - 37. 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
Rule - 38. Maintenance of Ready list.?
(1)
The Judicial Branch of the Registry shall
maintain separate registers in Register No. V for each category of cases, which
are ready for hearing.
(2)
The registers shall contain separate sections
for each year and inclusion of cases in the registers shall be year-wise and in
the order in which they become ready for hearing.
Rule - 39. Preparation of Warning list.?
(1)
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.
(2)
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 and oldest among the cases be included first
followed by the next oldest and so on.
Rule - 40. Publication of Warning list.?
(1)
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.
(2)
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 cases as are
required to make good the deficiency, having regard to the number of cases
transferred to the Daily Cause List.
(3)
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 Chairperson or Vice-Chairperson or the Bench.
Rule - 41. Preparation and Publication of Daily Cause List.?
(1)
The Judicial Branch of the Registry shall
prepare and display on the notice board of the Registry before 5.30 p.m. on
each working day the cause list for the next working day and where practicable
on the internet.
(2)
Subject to the directions of the Chairperson
or Vice-Chairperson or the 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 ?Order and directions?,
(v)
contempt applications,
(vi)
part-heard cases, latest part-heard having
precedence,
(vii)
cases posted as per directions of the Court,
(viii)
cases from the ?Warning list?,
(3)
The title of the Daily Cause List shall
consist of the name of the Bench, the day, date and time of the Bench sitting,
Tribunal Hall number and the quorum indicating the names of the Chairperson or
Vice-Chairperson or Member constituting the Bench with abbreviations in
bracket?(J) for Judicial and, (A) for Administrative.
(4)
In the Warning list and in the Daily Cause
List, the following particulars shall be shown against the number of each case?
(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 serial order in brackets.
(5)
Office objections and special directions, if
any, shall be briefly indicated in the Daily Cause List below the case number.
(6)
The Daily Cause List and progress of the
cases listed for the day before the Benches will be made available on the
internet and hard copy will be available on the nominal payment as decided by
the Chairperson or Vice-Chairperson.
Rule - 42. Carry forward of Daily Cause list and adjournment of cases on account of non-sitting of a Bench.?
(1)
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.
(2)
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.
(3)
The adjournment or posting or directions
shall be notified on the notice board.
Rule - 43. Supply of Cause list.?
(1)
Two copies of Warning list and Daily Cause
list shall be furnished to the Bar Association of Armed Forces Tribunal for display
on their notice board.
(2)
Copies of the Daily Cause list or the Warning
list or both may be furnished to the legal practitioners on payment of fee at
the rate specified below?
(i)
Daily Cause list:
Per
Bench (consisting of two members) ? Rs 240 per annum.
(ii)
Warning list:
Per
Bench (consisting of two members) ? Rs 100 per annum.
(3)
Application for supply of Warning or Daily
Cause lists or both shall be 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 seven days before the date from
which supply is to commence.
(4)
The rates specified in sub-rule (2) shall be
subject to such modifications as may be made by the Chairperson from time to
time.
(5)
The legal practitioners concerned shall be
responsible to obtain copies of above lists from the delivery counter.
Rule - 44. Request for adjournments.?
Unless
the Bench otherwise permits, request(s) for adjournment of any case(s) listed
in the Daily Cause List shall be entertained only at the beginning of the
session.
Rule - 45. Early hearing of the cases.?
(1)
If early hearing of a case out of turn is
required, the party or legal practitioner shall make an application stating the
reasons thereof in Form No. 10, after serving copy thereof to the other party
or parties.
(2)
The application shall, if in order, be listed
before the Bench headed by the Chairperson or in his absence the
Vice-Chairperson nominated by him in the case of the Principal Bench and before
the Vice-Chairperson and in his absence before the seniormost available member
for orders in the case of other Benches.
Rule - 46. Maintenance of Stage Register and Posting Register.?
(1)
The Judicial Bench of the Registry shall
maintain a Stage Register in Register No. VI for each category of applications
or appeals from the stage of first posting till disposal.
(2)
Posting Register shall be maintained in
Register No. VII.
(3)
All orders regarding clubbing of cases shall
be entered in the order-sheets of all the cases required to be clubbed together
and posted accordingly.
(4)
The Section Officer concerned shall ensure
that the aforesaid registers are properly maintained and the directions of the
Bench faithfully carried out.
Rule - 47. Vacation Bench Sittings and Posting of cases.?
(1)
When the Tribunal is closed for vacation, the
Vacation Bench shall sit on such days, as the Chairperson in the case of
Principal Bench, and Vice-Chairperson, in the case of other Benches, and in
their absence the seniormost Member available, may specify.
(2)
During the vacation, only matters, which are
required to be immediately dealt with, shall be received in the Registry.
(3)
The Registrar, on being satisfied about the
urgency, shall order registration and posting of such cases.
(4)
During the vacation, the Registrar may accept
replies, rejoinders etc., provided a copy of the same has been served on all
the other parties or legal practitioners.
(5)
Inspection of records may be permitted during
the vacation in accordance with these rules.
(6)
Certified copies of records may be supplied
during the vacation in accordance with these rules.
FULL BENCH MATTERS
Rule - 48. Preparation and filing of paper books on reference to the Full Bench.?
When a
Bench of the Tribunal makes an order referring the case or issue 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 or 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 period as the Bench may direct, arranging
the papers in the following order?
(i)
Index. Page No.
(ii)
Written chronology of events or orders
relevant to the case,
(iii)
Order of Reference,
(iv)
Memo of Parties,
(v)
Application,
(vi)
Annexures to the application,
(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.
Rule - 49. 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.
Rule - 50. Seeking orders of Chairperson for constitution of Full Bench and fixing the 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 Chairperson
for the constitution of the Full Bench and fixing the date of hearing.
Rule - 51. Conveyance of the orders of the Chairperson.?
The
Registrar of the Principal Bench shall, on receipt of the copy of the order
under Rule 50, obtain the orders of the Chairperson and convey the same to the
Registrar of the referring Bench.
Rule - 52. Notice regarding Full Bench hearing.?
The
Registrar of the referring Bench shall, immediately on receipt of orders of the
Chairperson, notify the parties or legal practitioners the date of hearing of
the case by the Full Bench.
Rule - 53. Circulation of Full Bench decision.?
The
Registrar of the referring Bench shall circulate the decision rendered by the
Full Bench to all other Benches of the Tribunal.
INSPECTION OF RECORDS
Rule - 54. Inspection of the Records.?
(1)
Inspection of records of a pending or decided
case before the Tribunal shall be allowed only under the orders of the
Registrar.
(2)
The parties to any case or their legal
practitioner may be allowed to inspect the record of the case on making an
application in writing to the Registrar.
(3)
Subject to such terms and conditions as may
be specified by the Chairperson by a general or special order, a person who is
not a party to the proceedings, may also be allowed to inspect the records
after obtaining the permission of the Registrar in writing,
Rule - 55. Application for grant of inspection.?
(1)
The application for inspection of records, as
provided under Rule 54, shall be in Form No. 11 and presented at the filing
counter of the Registry between 10.00 a.m. and 3.00 p.m. on any working day, two
days before the date on which inspection is sought, unless otherwise permitted
by the Registrar.
(2)
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.
(3)
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.
Rule - 56. Fee payable for Inspection.?
(1)
No fee shall be charged for inspection of
records of a pending case from a party to the case or his legal practitioner.
A fee
of twenty-five rupees shall be payable by way of Demand Draft or Indian Postal
Order 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.
A fee
of one hundred rupees shall be payable by way of Demand Draft or Indian Postal
Order 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.
Rule - 57. Mode of Inspection.?
(1)
On grant of application for inspection of the
records, the Section Officer-in-charge of the Judicial Branch shall arrange to
procure the records of the case and allow Inspection of such records on the
date and time fixed by the Registrar between 10.00 a.m. and 12.30 p.m. and
between 2.30 p.m. and 4.30 p.m. in the presence of an officer authorised in
that behalf.
(2)
The person inspecting the records shall not
in any manner cause dislocation, mutilation, tempering or damage to the records
in the course of inspection.
(3)
The person inspecting the records shall not
make any marking on any record or paper so inspected and copying, if any, of
the documents or records inspected may be done only in pencil.
(4)
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 shall
make entry to that effect in column (8) of the Inspection Register and seek
further orders of the Registrar, thereof.
Rule - 58. Maintenance of Register of inspection.?
The
Section Officer-in-charge of the Judicial Branch shall cause to maintain a
register in Register No. VIII for the purpose of inspection of documents or
records and shall obtain therein the signature of the person making such
inspection.
LEGAL PRACTITIONERS BEFORE THE TRIBUNAL
Rule - 59. Appearance of legal practitioners.?
No
legal practitioner shall be entitled to appear or act, in any proceedings
before the Tribunal unless he files before the Tribunal
a Vakalatnama in Form No. 12 duly executed by or on behalf of the
party for whom he appears.
Rule - 60. Appearance on behalf of the Union of India, etc.?
Any
legal practitioner appearing on behalf of the Union of India or its Department
or all three Services (Army, Navy and Air Force) or any Government servant sued
or suing in his official capacity shall not be required to file
a Vakalatnama but he shall file before the Tribunal a Memo of
Appearance in Form No. 13 duly signed by him.
Rule - 61. 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.
Rule - 62. 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 the legal practitioner
on record or when such consent is refused, with the permission of the Tribunal.
Rule - 63. Restrictions on appearance.?
A
legal practitioner who has tendered advice in connection with the institution
of any case or other proceedings 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 former client, except with the prior
permission of the Tribunal.
Rule - 64. 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 specified by Tribunal.
Rule - 65. Execution of Vakalatnama.?
(1)
Every Vakalatnama authorising a
legal practitioner to plead or act shall be dated at the time of its execution
and acceptance.
(2)
In case the person is in custody,
the Vakalatnama shall be attested by a Judicial Officer or Gazetted
Officer serving in connection with the affairs of the Union or of any State in
India.
(3)
The authority attesting the Vakalatnama under
sub-rule (2) shall certify that it has been duly executed in his presence and
subscribe his signature giving his name and designation and attestation shall
be made only after the name of the legal practitioner is inserted in
the Vakalatnama before its execution.
(4)
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 contents of
the Vakalatnama were read, translated and explained in his presence
to the executant, and that he signed or affixed his thumb mark in his presence.
(5)
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.
(6)
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.
REGISTERED CLERKS OF LEGAL PRACTITIONERS
Rule - 66. Notifying registration and cancellation of Clerks.?
The
registration of a clerk or cancellation under Rule 27 of the AFT (Procedure)
Rules, 2008, shall be notified on the notice board of the Tribunal and a copy
shall be sent to the legal practitioners Bar Association.
Rule - 67. Issue of Identity Card.?
(1)
An Identity card as referred to in sub-rule
(7) of Rule 27 of the AFT. (Procedure) Rules, 2008, shall be issued in Form No.
14 to every registered clerk of the legal practitioner on his remaining a fee
of fifteen rupees by way of Indian Postal Order or Demand Draft drawn in favour
of the Registrar.
(2)
An Identity card once issued shall be in
force for a period of five years unless cancelled under sub-rule (5) of the
Rule 27 of the AFT (Procedure) Rules, 2008.
Rule - 68. 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 matters
of their respective legal practitioners (employers) pending in the Tribunal.
Rule - 69. Carrying out corrections.?
(1)
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.
(2)
The correction shall be made in the presence
of the Section Officer and duly initialled by the maker as well as the Section
Officer.
Rule - 70. Discharge of duties of an absentee clerk.?
In
case of illness or absence on leave of a registered clerk, the 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 duties of absentee for a
specified period, which will not exceed more than two months.
Rule - 71. Presentation and return of papers.?
Registered
clerk may present or take back papers on behalf of the legal practitioner whom
he represents but he will not act at his own in any other case unless permitted
in writing by the Registrar or Sectional Head of Judicial Branch on the
requisition of the legal practitioner as mentioned under Rule 70.
AFFIDAVITS
Rule - 72. Title of affidavits.?
Every
affidavit shall be ascribed ?In the Armed Forces Tribunal, __________ Bench at
__________? followed by the cause title of the application or other proceeding
in which the affidavit is sought to be used.
Rule - 73. Form and contents of the affidavit.?
(1)
Every affidavit shall be drawn up in Form No.
15 in the first person and divided into paragraphs and numbered consecutively.
(2)
Every affidavit shall contain the full name,
occupation, age, father's or mother's or husband's name, as the case may be,
and address of the deponent.
(3)
The deponent shell be identified with such
other particulars as may be necessary to identify him and he shall affix his
signature or mark on each page.
Rule - 74. Corrections or erasures, etc.?
Corrections,
erasures and interlineations shall be initialled by the attestor and the number
of corrections made on each page indicated.
Rule - 75. Persons authorised to attest.?
Affidavits
shall be sworn or affirmed before any Judicial Officer, Registrar, Joint
Registrar and Deputy Registrar of the Tribunal, Notary, District Registrar or
Sub-Registrar.
Rule - 76. 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 contents of the affidavit were read, explained
or translated by him or in his presence to the deponent and that the deponent
has put his signature or mark in his (attestor) presence in Form No. 16.
Rule - 77. Identification of deponent.?
If the
deponent is not known to the attestor, his Identity shall be testified by a
person known to him and the identifying person shall affix his signature in
token thereof.
Rule - 78. Annexures to the affidavit.?
Document
accompanying an affidavit shall be referred to therein as Annexure No.
______________ and the attestor shall make the following endorsement thereon:
?This
is the document marked as Annexure No.______________ in the affidavit of????.
(Signature)
?Name
and Designation of the attestor with date.?
DISCOVERY, PRODUCTION AND RETURN OF DOCUMENTS
Rule - 79. Application for production of documents, form of summons.?
(1)
Except otherwise provided, discovery,
production and return of documents shall be regulated by the provisions of the
Code of Civil Procedure, 1908 (5 of 1908).
(2)
An application for summons to produce
documents shall be in Form No. 17 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.
(3)
The summons for production of documents in
the custody of a public officer other than a Court shall be in Form No. 18 and
shall be addressed to the concerned Head of the Department or such other
authority as may be specified by the Tribunal.
Rule - 80. Summoning of documents.?
Notwithstanding
anything contained in these rules, the Tribunal may, suo motu, issue summons
for production of public document or other documents in the custody of a public
officer.
Rule - 81. Marking of documents.?
(1)
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)
Tribunal exhibits shall be marked as ?C?
series.
(2)
The Tribunal may direct the applicant to
deposit in Tribunal by way of Indian Postal Order or Demand Draft drawn in
favour of the Registrar a sum sufficient to defray the expenses for
transmission of the records before the summons is issued.
(3)
The transmission of the records shall
ordinarily be by registered post or parcel.
Rule - 82. Return and transmission of documents.?
(1)
An application for return of the documents produced
shall be in Form No. 17.
(2)
No application referred in sub-rule (1) shall
be entertained after the destruction of the records.
(3)
The Tribunal may, at any time, direct return
of documents produced subject to such conditions as it deems fit.
EXAMINATION OF WITNESSES AND ISSUE OF
COMMISSION
Rule - 83. Procedure for examination of witnesses, issue of commission, etc.?
The
provisions of Orders XVI and XXVI of the Code of Civil Procedure, 1908, (5 of
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.
Rule - 84. Examination in camera.?
The
Tribunal may in its discretion examine any witness in camera and may also hold
the entire or part of the proceedings in camera depending upon the sensitivity
of the case.
Rule - 85. Form of oath or affirmation to witness.?
An
oath or solemn affirmation 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?.
Rule - 86. Form of oath or affirmation to interpreter.?
An
oath or solemn affirmation shall be administered to the interpreter, if any, 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 by this Tribunal?.
Rule - 87. Officer to administer oath.?
The
oath or affirmation shall be administered by the Tribunal Officer.
Rule - 88. Recording of deposition.?
(1)
The deposition of a witness shall be recorded
in Form No. 19.
(2)
Each page of the deposition shall be
initialled by the Members constituting the Bench.
(3)
Corrections, if any, pointed out by the
witness may, if the Bench is satisfied, be carried out and duly initialled and
in case corrections pointed out by witness are not accepted by the Bench, a
note to the effect be appended at the bottom of the deposition.
Rule - 89. Numbering of witnesses.?
The
witnesses called by the applicant or petitioner shall be numbered consecutively
as PWs and those by the respondents as RWs.
Rule - 90. Grant of discharge certificate.?
A
witness discharged by the Tribunal may be granted a certificate to that effect
in Form No. 20 by the Registrar.
Rule - 91. Payment to witnesses.?
(1)
Where the Tribunal issues summons to a
Government servant to give evidence or to produce documents, the person so
summoned shall be paid travelling allowance (T.A.) and daily allowances (D.A.)
admissible to him as per rules.
(2)
Where there is no provision for payment of
T.A. and D.A. 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 assessed
by the Registrar sufficient to defray the travelling and other expenses having
regard to the status and position of the witness.
(3)
The party applying for the summons shall
deposit with the Registrar the amount of ?bhatta? as estimated by the Registrar
before the summons is issued.
(4)
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.
(5)
The provisions of. sub-rules (1) to (4) would
apply mutatis mutandis to the interpreter as well.
Rule - 92. Records to be furnished to the Commissioner.?
(1)
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.
(2)
Original documents will be furnished only if
a copy will not serve the purpose or cannot be obtained without unreasonable
expense or delay.
(3)
The delivery and return of records shall be
made under proper acknowledgement.
Rule - 93. Taking of specimen handwriting, signature, etc.?
The
Commissioner may, if necessary, take specimen of the handwriting, signature or
fingerprint of any witness examined before him.
PRONOUNCEMENT OF ORDER
Rule - 94. Order.?
The
final decision of the Tribunal on an application or appeal before it shall be
described as ?Order?.
Rule - 95. Operative portion of the Order.?
All orders
and directions of the Bench shall be stated in clear and precise terms in the
last paragraph of the order.
Rule - 96. 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.
Rule - 97. Pronouncement of order.?
(1)
The Bench shall where possible pronounce the
order immediately after the hearing is concluded.
(2)
When the orders are reserved, the date for
pronouncement not later than 30 days shall be fixed and the date so fixed shall
not be changed without due notice to all parties or legal practitioners.
(3)
Reading of the operative portion of the order
in the open Court shall be deemed to be pronouncement of the order.
(4)
Any order reserved by a Circuit Bench of the
Tribunal may be pronounced at the principal place of sitting of the Bench.
Rule - 98. Pronouncement of order by any one Member of the Bench.?
(1)
Any one Member of the Bench may pronounce the
order for and on behalf of the Bench.
(2)
When an order is pronounced under this rule,
the Tribunal Officer shall make a note in the order-sheet, that the order of
the Bench consisting of ___________ as members was pronounced in Open Court
by_________ (the name of the member).
Rule - 99. Authorising any Member to pronounce order.?
(1)
If the members of the Bench who heard the
case are not readily available or have ceased to be Members of the Tribunal,
the Chairperson or Vice-Chairperson as the case may be, authorise 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 had heard the case.
(2)
The order pronounced by the Member so
authorised shall be deemed to be only pronounced.
(3)
The Member authorised under sub-rule (1) for
pronouncement of the order shall affix his signature in the order-sheet of the
case stating that he has pronounced the order as provided in this rule.
(4)
If the order has not been signed by reason of
sickness, 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.
Rule - 100. Making of entries by Tribunal Officer.?
The
Tribunal Officer shall, immediately after pronouncement of an order by the
Bench, 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 and he shall also make necessary entries in the Tribunal
diary maintained by him.
Rule - 101. Transmission of order by the Tribunal Officer.?
(1)
The Tribunal Officer shall immediately on
pronouncement of the order, transmit it with the case file to the Principal
Registrar or Registrar as the case may be.
(2)
On receipt of the order from the Tribunal
Officer, the Principal Registrar or Registrar as the case may be, shall after
due scrutiny, satisfy 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.
(3)
The Principal Registrar or Registrar as the
case may be, 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.
Rule - 102. Format of order of the Tribunal.?
(1)
The order of the Tribunal shall be in Form
No. 21.
(2)
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.
(3)
The corrections, if any in the order shall be
carried out neatly.
(4)
Sufficient space may be left both at the
bottom and at the top of each page of the order to make its appearance elegant.
(5)
Members constituting the Bench shall affix
their signatures in the order of their seniority from right to left.
Rule - 103. Costs.?
(1)
Unless otherwise quantified by the Tribunal,
when costs are awarded in a case, the same shall be determined as follows?
(i) |
For applicant
(s): |
|
|
|
|
Legal
Practitioner's fee |
?.. |
?.. |
Rs 5000 |
|
Expenses |
?.. |
?.. |
Rs 500 |
(ii) |
For Respondent
(s): |
|
|
|
|
Legal
Practitioner's fee |
?.. |
?.. |
Rs 5000 |
|
Expenses |
?.. |
?.. |
Rs 500 |
(2)
Only one set of costs shall be awarded to the
applicants as also when the same legal practitioner appears for more than one
respondent.
(3)
When costs are awarded, a Bill of Costs in
Form No. 22 shall be prepared giving the details of the costs awarded to the
parties and annexed to the order.
Rule - 104. Compliance of urgent orders.?
(1)
Whenever the Bench passes an order, final or
interlocutory/requiring immediate compliance, the Tribunal Officer shall
immediately transmit the case file and the order to the Principal Registrar or
Registrar as the case may be, who shall ensure prompt action on the same day.
(2)
Files with Dasti orders should be stapled
with ?Today? flags and superscribed with O.A. or T.A. or R.A. or C.A. or M.A.
or A.T. No. with the signature of the Tribunal Officer with date.
Rule - 105. Placing copies of common orders.?
(1)
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.
(2)
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).
Rule - 106. Indexing of case files after disposal.?
After
communication of the order to the parties or legal practitioners, the official
concerned shall arrange the records with pagination and prepare the Index Sheet
in Form No. 23 and he shall affix initials and then transmit the records with
the index duly initialled, to the records room.
Rule - 107. Transmission of files or records or orders.?
Transmission
of files or records of the cases or orders shall be made only after obtaining
acknowledgement in the movement register maintained at different sections or
levels as per the directions of the Registrar.
Rule - 108. Copies of orders in Library.?
(1)
The Section Officer of the Judicial Branch
shall send copies of every final order to the Library.
(2)
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.
(3)
A consolidated index shall also be prepared
at the end of every year and kept in a separate file in the Library.
(4)
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 OF
RECORDS
Rule - 109. Form and fee of application.?
(1)
Every application for grant of certified copy
of any document shall be in Form No. 24 and accompanied with a non-refundable
fee of ten rupees, and in case of urgent copy a non-refundable fee of twenty
five rupees in the form of Indian Postal Order or Demand Draft drawn in favour
of the Registrar and payable at the place of the Bench of the Tribunal.
(2)
If the certified copies applied for are for
more than one document in the same case, only one application shall be filed.
Rule - 110. Right of the party to obtain certified copy.?
A
party to an application or appeal or his legal practitioner shall be entitled
to obtain certified copy of the record, proceeding or original document filed
in case on payment of fee specified under these rules.
Rule - 111. Application for copies by stranger.?
(1)
Applications for copies of documents (other
than orders) by persons who are not parties to the proceedings shall be allowed
only by order of the Registrar obtained on a duly verified petition in Form No.
17, setting forth the purpose for which the copy is required on payment of fee
specified under these rules.
(2)
Copies of orders can, however, be granted to
any person on payment of fee specified under these rules.
Rule - 112. Register of copy applications and requisition register.?
(1)
A Register of copy application shall be
maintained in Register No. IX and a Requisition Register in Register No. X with
regard to request for the files in the copying branch.
(2)
Entries in respect of urgent copy
applications shall be underlined in red ink.
Rule - 113. Copying fee.?
The
copying fee payable for obtaining an ordinary copy shall be at the rate of two
rupees per page and for urgent copy at the rate or five rupees per page,
irrespective of the number of words or lines in each page.
Rule - 114. Scrutiny of copy application, requisitioning of case records and rectification of defects.?
(1)
If the application is in order, necessary
entries shall be made in the Register of Copy Applications and the Requisition
Register and the same shall be sent to the officer-in-charge of records. The
officer-in-charge of the records shall as soon as possible transmit the records
along with the application after making an entry in the application and
initialling the same.
(2)
If the application is found to be defective,
the same shall be notified on the notice board of the Registry.
(3)
If the defects are not rectified within three
days from the date of such notice, the copy application shall be struck off.
(4)
On removal of defects within three days, the
application shall be deemed to have been made on the date of the application.
Rule - 115. Determination of additional copying fee.?
(1)
On receipt of the records, the
officer-in-charge of copying section after satisfying that the records are
complete shall determine the additional copying fee payable over and above the
copying fee of ten or twenty-five rupees already paid and make an entry thereof
in the application with his initials.
(2)
Additional fee payable shall be notified on
the Notice Board of the Registry.
Rule - 116. Remittance of additional copying fee.?
(1)
Additional copying fee shall be remitted by
the applicant between 10.30 a.m. and 4.30 p.m. in the form of Indian Postal
Order or Demand Draft 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.
(2)
If the additional fee payable is not remitted
within the time permitted under sub-rule (1), the application shall be struck
off.
Rule - 117. Order of preparation of certified copy.?
Certified
copies shall be prepared in the order in which they become ready in all
respects and the urgent applications shall take precedence over all ordinary
applications.
Rule - 118. Time-limit for issue of urgent or 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 of the application.
Rule - 119. Notifying when copies are ready for delivery and consequence of not taking delivery.?
(1)
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. 25, a list of cases in which certified copies are ready for delivery
and publish one copy of the same on the notice board of the Registry under his
signature, and the other copy shall be retained for record.
(2)
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.
Rule - 120. 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 Indian Postal Order or Demand Draft Register and
transmitted to the Cash Section for crediting them to the Government account.
Rule - 121. Preparation and comparison of certified copy.?
(1)
A certified copy shall be made by
photocopying process or by typing.
(2)
When the copy is so made, it shall be
compared by the officer-in-charge of the copying branch with the document of
which the copy is made, aided by another official in the copying branch and he
shall, after satisfying himself that the copy is prepared faithfully and
legibly reproduces the document desired, append a certificate as under and
affix his initials:
?Certified
that this is a true and accurate copy of the document or order as in the case
file (O.A./R.A./T.A./C.A./M.A./A.T No _________ 20_) and that all the matters
appearing therein have been legibly and faithfully copied with no
modifications.?
(3)
The officer-in-charge of copying branch shall
affix an endorsement on the last page of the copy as under and put his
initials:
(i)
Serial No. of the copy 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 given for collection of copy:
(ix)
Date of delivery.
(4)
The certificate and the endorsement shall be
made with the help of a rubber stamp and the entries however, shall be made in
ink.
(5)
The officer authorised 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.
Rule - 122. Re-transmission of case records.?
On
completion of the preparation of the certified copy, the officer-in-charge of
the copying branch 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.
Rule - 123. 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.
Rule - 124. Request for certified copy by post.?
(1)
Where the applicant desires to have the
certified copy sent to him by post, he shall send an additional sum of twenty
five rupees by way of Indian Postal Order or Demand Draft drawn in favour of
the Registrar and payable at the place of the Bench for defraying the postal
charges, etc.
(2)
If the amount sent is found to be inadequate,
the applicant shall be intimated to remit the balance amount within the time
specified and on receipt of the intimation, the applicant shall remit the
amount in the manner provided in sub-rule (1) and within the time specified.
Rule - 125. Intimation of rejection.?
If for
any reason, the copy application is rejected, due intimation shall be given to
the applicant and the refundable amount if any, returned to him.
Rule - 126. Supply of free copy only once.?
Once
free copy of the order is sent as provided in Rule 23 of the AFT (Procedure)
Rules, 2008, the Tribunal shall not be required to issue any more free copies.
Rule - 127. Certifying on free copies.?
Every
free copy issued to a party or his legal practitioner in accordance with the
rules shall be certified to be ?True Copy? and shall be superscribed ?FREE COPY
UNDER RULE 23 of AFT (PROCEDURE) Rules, 2008? with a rubber stamp and signed by
the officer authorised in that behalf and he shall also cause to enter the date
and other details furnishing of such free copy in the Register of Free Copies
in Register No XI.
Rule - 128. Time for furnishing free copies.?
(1)
The Judicial Branch of the Registry shall
issue free copies of the order to the parties or their legal practitioners as
provided under Rule 23 of the AFT (Procedure) Rules, 2008, as far as possible
within seven days from the date of pronouncement of the order.
(2)
If the free copy of the order is delivered by
hand to parties or their legal practitioner, the officer-in-charge shall obtain
acknowledgement thereof in the relevant column in the Register of free Copies.
Rule - 129. Furnishing of free copy in a joint application.?
Where
a joint application or appeal is made, only one free copy of the order contemplated
by Rule 23 of the AFT (Procedure) Rules, 2008, shall be issued, either to their
legal practitioners or if they are appearing in person, to any one of the
applicants.
Rule - 130. Furnishing of corrected free copy of order.?
Whenever
clerical or typographical errors or 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 or their legal
practitioners.
APPEAL TO SUPREME COURT
Rule - 131. Manner of service of order or notice issued by the Supreme Court.?
Service
of orders or notices on respondents ordered by the Supreme Court in an appeal
or application pending before that Court shall be effected in the manner
provided by the Supreme Court Rules, 1966 as amended from time to time.
Rule - 132. Steps to comply with Supreme Court directions.?
(1)
Unless otherwise ordered by the Supreme
Court, the appellant or his legal practitioner shall be notified to deposit the
transmission charges and cost of preparation of record, if any, within fifteen
days of the receipt of the notice.
(2)
When the party or legal practitioner fails to
deposit the amount as aforesaid, the Registrar shall forthwith submit a report
thereof to the Registrar of the Supreme Court.
Rule - 133. Register of Special Leave Petitions or Appeals.?
(1)
A Register in the form of Register No. XII
shall be maintained in regard to Special Leave Petitions (SLPs) or Appeals
against the orders of the Tribunal to the Supreme Court and necessary entries
therein be made by the Judicial Branch.
(2)
The register under sub-rule (1) shall be
placed for scrutiny of the Chairperson or Vice-Chairperson in the first week of
every month.
Rule - 134. Placing of Supreme Court orders before Chairperson, etc.?
Whenever
an interim or final order, passed by the Supreme Court in an appeal or other
proceeding preferred against a decision of the Tribunal, is received, the same
shall forthwith be placed before the Chairperson or Vice-Chairperson or Members
for information and kept in the relevant case file and immediate attention of
the Registrar shall be drawn to the directions requiring compliance.
Rule - 135. Circulation of the orders of the Supreme Court.?
All
orders of the Supreme Court including dismissal of Special Leave Petitions
shall be circulated to the Members of the Bench whose decision was challenged
before the Supreme Court and kept in the relevant case file.
Rule - 136. 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 AND PRESERVATION OF RECORDS
Rule - 137. Procedure regarding retention and preservation of records.?
All
the records, registers and files shall be retained and preserved in the record
room from the date of completion till the period provided for their destruction
in accordance with the rules made in this behalf.
Rule - 138. Receipt, scrutiny and custody of records.?
The
officer-in-charge of the record room shall be the custodian and responsible for
the records lodged in the record room and he shall receive the records sent to
the record room and scrutinise the records within three days of the date of
receipt of records in the record room.
Rule - 139. Rectification of defects or securing of missing records.?
If on
scrutiny under Rule 138, any defect or missing of documents is found in the
records, the officer-in-charge of record room shall intimate the same and remit
the records back to the branch or section from which the records were received
and thereupon, the Section Officer-in-charge of the concerned branch or section
shall cause to take steps to rectify the defects or secure the missing records
so pointed out, and after such rectification or securing the missing documents,
re-transmit the records to the record room within three days of its receipt
from the record room.
Rule - 140. Maintenance of Register of records received in the record room.?
The
officer-in-charge of record room shall maintain a register in Register No. XIII
of records received in the Record Room.
Rule - 141. Entry regarding destruction.?
Entry
regarding destruction shall be made in the relevant columns of Register No.
XIII.
Rule - 142. Preservation of records requiring permanent retention.?
(1)
Records required to be preserved permanently
shall be stacked in bundles of convenient size, arranging them in chronological
order.
(2)
The bundles so prepared under sub-rule (1)
shall be wrapped. In ?Kora Cloth? on which shall be attached labels indicating
in chronological order, registration numbers of the cases included in each
bundle and such bundles shall be arranged serially and kept in the record room.
Rule - 143. Retention of records beyond prescribed period.?
The
Registrar may for reasons to be recorded in writing and with prior permission
of the Chairperson order that record of any particular case be preserved beyond
the prescribed period provided under the rules for destruction.
MISCELLANEOUS
Rule -144. 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-Chairperson on being satisfied that it is necessary
to do so in the interest of justice.
Rule - 145. Use of computers.?
(1)
The Chairperson may issue such orders or
directions as may be necessary for complying with the provisions of the
relevant rules with the aid of the computer and for effective use of the
computer facility as and when introduced.
(2)
Compliance with such orders or directions
issued by the Chairperson from time to time shall be deemed to be due
compliance of the provisions of the relevant rules.
Rule - 146. Classification of cases.?
(1)
The scrutiny branch of the Registry shall, at
the time of scrutiny make classification of the cases as both department-wise
(Army, Navy and Air Force) and subject-wise.
(2)
The department-wise (Army, Navy and Air
Force) classification shall be made in accordance with Form No. 26, as may be
modified by the Chairperson from time to time.
(3)
Subject-wise classification shall be made in
accordance with Form No. 27, as may be modified by the Chairperson from time to
time.
(4)
The classification, under this rule shall be
entered in the relevant columns in the report of scrutiny in Form No. 2 or Form
No. 3, order-sheet in Form. No. 4 and Facing Sheet of the final cover in Form
No. 5.
Rule - 147. Furnishing of weekly and monthly statements.?
(1)
The Registrar of each Bench shall prepare a
weekly progress report in Form No. 28 and circulate among all the Members of
the Bench concerned.
(2)
The Vice-Chairperson of the Bench concerned
shall forward a consolidated monthly progress report in Form No. 28 to the
Chairperson before the 7th day of each month.
(3)
The Registrar of the concerned Bench shall
prepare a monthly statement in two parts as in Form No. 29 regarding filing,
disposal and pendency of cases and forward the same to the Principal Registrar
of the Principal Bench before the 7th day of each month.
Rule - 148. Inspection of Registry.?
(1)
The Principal Registrar or the Registrar as
the case may be, shall conduct Inspection of all the sections twice a year,
viz., for the period from 1st January to 30th June and 1st July to 31st December,
on such dates as may be found convenient.
(2)
The report of Inspection of the Judicial
Branch, Library, Administrative Branch and Record Room shall be as per
Schedules I to IV to Appendix ?C?, as may be modified by the Chairperson from
time to time.
(3)
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.
(4)
The Registrar shall submit a report to the
Chairperson or Vice-Chairperson containing brief summary, of his inspection of
the Registry, directions given by him to the sections and branches and the
steps taken for due compliance with such directions.
Rule - 149. Due compliance with the provisions of the Act and the rules.?
The
Registrar or any officer authorised by him may, for the purpose of satisfying
himself that the provisions of the Act and the rules are duly complied with,
make such inquiry 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.
APPENDIX ?A?
Form No. 1
[See Rule 9(2)]
FORM OF INDEX
IN THE ARMED FORCES TRIBUNAL,?????..BENCH
O.A./R.A./C.A./CA
(Civil/Criminal)/M.A./T.A./20?..
A????????????????.?????????? B????????????????.?????????? |
|
Applicant |
By Legal
Practitioner Mr./Ms |
|
|
A????????????????.?????????? B????????????????.?????????? |
|
Respondents |
By Legal
Practitioner. |
|
|
INDEX
Sl. No |
Brief description of
proceedings/documents |
Page No |
|
|
|
From |
To |
|
|
|
|
Signature of the applicant
Legal Practitioner |
FOR USE BY THE REGISTRY
Date of
presentation/Filing |
|
Date of receipt
by post. |
|
Registration(diary)
No. |
|
|
Signature for
Registrar |
Form No. 2
[See Rule 10(2)]
IN THE ARMED FORCES TRIBUNAL, ?????????.
BENCH
Diary No???????..
Report on the scrutiny of Application
Presented
by:???????.?? |
Date of
presentation???????. |
Applicant (s)
???????.?? |
|
Respondent (s)
???????.?? |
|
Nature of
grievance ???????.?? |
|
No. of
applicants ???????.?? |
No. of
respondents:???????. |
CLASSIFICATION
Subject ???????. (No ???.) |
Department ?????. (No ???.) |
|
|
1. |
Is the
application in the proper form? |
|
(Three complete
sets in paper-book form in two compilations) |
2. |
Whether name,
together with personal number, rank, unit or formation etc as applicable,
age, description and address of all the parties have 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. |
Has the Vakalatnama/Memo
of appearance/authorisation been filed? |
7. |
Is the
application maintainable ? |
|
(u/S. 2, 14, 15,
16, 19 or u/R. 9 etc) |
8. |
Is the
application accompanied by Indian Postal Order/Demand Draft for rupees two
hundred fifty or as required? |
|
(vide Rules
13 and 15.) |
9. |
Has the Impugned
order's original/duly attested legible copy been filled? |
10. |
Have legible
copies of the annexures been duly attested and filed? |
11. |
Has the Index of
documents been filed and pagination done properly? |
12. |
Has the
applicant exhausted all available remedies as provided under Section 21? |
13. |
Does the
application meet-requirement of Section in time? (See Section 21) |
14. |
Whether
requirement of period of limitation indicated in Section 22 has been met. |
15. |
Has the
declaration as required by Item 7 of Form I of AFT (Procedure) Rules, 2008
has been made? |
16. |
Have required
number of envelopes (file size) bearing full address of the respondents been
filed? |
17. |
(a) Whether the
reliefs sought, for arise out of single cause of action? |
|
(b) Whether any
interim relief is prayed for? |
18. |
In case an
Miscellaneous Application for condonation of delay is filed, is it supported
by an affidavit of the applicant? |
19. |
Any other point? |
20. |
Result of the
scrutiny with initial of the scrutiny clerk. |
|
Section Officer |
|
????????????. |
|
Deputy Registrar |
|
????????????. |
|
Registrar |
Form No. 3
[See Rule 10(2)]
IN THE ARMED FORCES TRIBUNAL, ????BENCH
Diary
No???????.20 ???? |
|
|
|
CA
(Civil/Criminal) ???????.20 ???? |
|
Between |
|
??????????.
??????????????????. Petitioner(s) |
|
By |
|
????????????????? |
|
(Name of the
Legal Practitioner, if any) |
|
And |
|
?????????????.?????????????.??Respondents(s) |
|
By |
|
?????????????????.. |
|
(Name of the
Legal Practitioner, if any) |
|
Subject: (No.
?????.) Department: (No ?????.) |
|
REPORT OF THE
SCRUTINY OF CONTEMPT APPLICATION (CIVIL/CRIMINAL) |
|
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.?Together
with personal number, rank, unit or formation etc as applicable, age |
2. |
Whether the
parties impleaded as applicant(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
applicant 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 the respondent. |
3. |
Nature of the
contempt (Civil or Criminal) and the provisions of the Act invoked. |
4. |
(a) Date of
alleged Contempt |
|
(b) Date of
filing of the Contempt Application |
|
(c) Whether the
Application 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 application are divided into paragraphs and
numbered? |
|
(c) Whether the
application is accompanied by supporting documents or certified/Photostat
(attested) copies of originals thereof ? |
|
(d) If the
application relies upon any other documents (s) in his possession whether
copy of such documents (s) is/are filed along with the application. |
|
(e) Whether
application and its annexure have been filed in a paper-book form 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 there are more
respondents than one? |
6. |
Whether the
nature of the order sought from the Tribunal is stated? |
7. |
Whether the
application is supported by an affidavit sworn to by the applicant 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
applicant or his legal practitioner have signed the application indicating
the place and date? |
9. |
In case of civil
contempt, whether the application is accompanied by a certified copy of the
judgment/decree/order/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 applicant has produced the consent obtained from the
Attorney-General/Solicitor-General/Additional Solicitor-General ? |
|
(b) If not,
whether the application contains the reasons thereof ? |
|
* Contempt
committed in the presence or hearing of the Member(s). |
11. |
Whether the
applicant had previously made a Contempt application on the same facts? If
so, have the following been furnished? |
|
(a) Number of
the application? |
|
(b) Whether the
application is pending? |
|
(c) If disposed
of, nature/result of the disposal with date? |
12. |
Whether the
draft charges are enclosed in a separate sheet? |
FOR ATTENTION |
|
Orders on the
administrative side have to be obtained from the Chairperson/Vice Chairperson
or Member designated in cast of action for criminal contempt, as required by
Rule 7(ii) of the Contempt Rules before placing for preliminary hearing. |
Form No. 4
[See Rule 11(1)]
IN THE ARMED FORCES TRIBUNAL, ??????. BENCH
ORDER-SHEET
Application
No??????.. of 20 ??????? |
|
Applicant (s) |
Respondent (s) |
Legal
practitioner for Applicant (s) |
Legal
practitioner for Respondent (s) |
Notes of the Registry |
Orders of the Tribunal |
|
|
Form No. 5
[See Rule 32(1)]
IN THE ARMED FORCES TRIBUNAL, ???????.. BENCH
TRANSFERRED/ORIGINAL APPLICATION NO ???????..
Review
Application No Application for
Transfer No. Contempt
Application (Civil/Criminal) No. |
|
of 20??? |
???????????????.. ???????????????.. |
|
Applicant(s) |
By Legal
Practitioner shri????????? |
|
|
Versus |
|
|
???????????????.. ???????????????.. |
|
Respondent(s) |
BY LEGAL
PRACTITIONER SHRI |
|
|
???????????????.. |
|
|
MEMO OF HEARINGS |
SUBJECT: |
|
???????????????.. |
DEPARTMENT/SERVICE: |
|
???????????????.. |
Nature of
Grievance: |
|
???????????????.. |
Date of impugned
Order |
|
|
Presentation |
|
|
Date
of---------------------- |
|
???????????????.. |
Representation |
|
???????????????.. |
Date of
Registration: |
|
???????????????.. |
Date of
Admission: |
|
???????????????.. |
Date and nature
of final disposal: RA, if any,
filed and number thereof: Nature of
disposal of R.A.: C.A., if any,
filed and number thereof: Result of C.A.: S.L.P./Appeal,
if any, filed and number thereof: Result of
S.L.P./Appeal filed: Date of
consignment to Record Room: |
Form No. 6
[See Rule 16(1))
ARMED FORCES TRIBUNAL,??????. BENCH
NOTIFICATION
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 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. No. |
Diary No./Application No. |
Papers in Which Defects are
noticed |
By whom Defects are to be
rectified |
Whether the defects are.
formal in nature or not |
Time granted for
rectification/representation |
1 |
2 |
3 |
4 |
5 |
6 |
1. |
|
|
|
|
|
2. |
|
|
|
|
|
3. |
|
|
|
|
|
Dated
this?????????..day of ???????..20??????
Registrar
Form No. 7
[See Rule 24(1)]
IN THE ARMED FORCES TRIBUNAL, BENCH
at??????.. |
No ??????..of
20?? |
Between |
???????????????????..????????????Applicant
(s) |
By Legal
Practitioner Shri?????????? |
and |
???????????????????..????????????
Respondents (s) |
By Legal
Practitioner Shri?????????? |
PROCESS MEMO |
Please issue
notice/process to the following parties and a sum of Rs ?????????? Is paid
herewith by way of I.P.O/D.D. No ????..of???.. |
Rank of the Party in the
Proceeding 1 |
Name of the Party 2 |
Address for Services 3 |
1 |
2 |
3 |
|
||
Place:????? Date:?????? |
Legal
Practitioner for the Applicant Central
Government Standing Counsel |
Form No. 8
(See Rule 28)
ARMED FORCES TRIBUNAL, ?????????BENCH
at??????.. |
|
Applicant (s) |
Respondent (s) |
Versus |
|
Represented by |
Represented by |
Legal
Practitioner Shri ????? |
Legal
Practitioner Shri ????? |
To ????????. ????????. |
|
NOTICE TO SHOW
CAUSE REGARDING ADMISSION |
|
Whereas an
application filed by the above-named applicant (s) under Sections 14 or 15 as
applicable of the Armed Forces Tribunal Act, 2007, 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 you to appear in this Bench of the Tribunal in person or through a
Legal Practitioner in this matter at of the ????? day of ??.. 20???. show
cause, why the application should not be admitted. If you fail to appear, the
application will be heard and decided in your absence. |
|
Given under my
hand and the seal of this Tribunal, this the ????day of?.. 20?? |
|
|
By order of the
Tribunal Registrar |
Form No. 9
(See Rule 28)
ARMED FORCES TRIBUNAL ??????? BENCH
at?????? |
|
Original
Application No ?????./20????.. |
|
?????????????????????..?????????????Applicant
(s) |
|
(By Legal
Practitioner Shri ????????????) |
|
Versus |
|
?????????????????????..?????????????Respondent
(s) |
|
(By Legal
Practitioner/Govt. |
|
Legal
Practitioner) Shri??????..) |
|
To |
|
?????????????? |
|
?????????????? |
|
ORDER AFTER
ADMISSION |
|
Whereas an
application filed by the above-named applicant (s) under Sections 14 or 15 as
applicable of the Armed Forces Tribunal Act, 2007, as in the copy annexed
hereunto has been registered and upon preliminary hearing the Tribunal has
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 seeing 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 appointed by you in this behalf. In default, the said
application may be heard and decided in your absence on or after that date
without any farther notice. |
|
Issued under my
hand and the seal of the Tribunal this the ????.day of ????. |
|
|
By order of the
Tribunal Registrar |
Form No. 10
[See Rule 45(1)]
IN THE ARMED FORCES TRIBUNAL, ???????. BENCH
APPLICATION FOR
EARLY HEARING |
|
Misc.
Application No ??????.. of ?????. In Original/Transferred Application No
??????.. of 20 ??..???????????Applicant/Petitioner) |
|
Versus |
|
?????????????????????..????????Respondent(s)/Applicant(s) |
|
Brief facts to
justification for early hearing of the application. |
|
Relief or
Prayer: |
|
Verification: |
|
I,
????????????????? (Name of the applicant) S/o, D/o, W/o ??????? age ??????.
Working ????? 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. |
|
|
Signature of the
applicant |
Place: ????????. |
|
Dated: ???????? |
Signature of the
Legal Practitioner |
Form No. 11
[See Rule 55(1)]
ARMED FORCES TRIBUNAL, ???????? BENCH
O.A./R.A./C.A./A.T./M.A.
???????? No of. ??????20 ? |
||
?????????????????????..??????????????Applicant/s |
||
Versus |
||
?????????????????????..??????????????Respondent/s |
||
APPLICATION FOR INSPECTION
OF DOCUMENTS/RECORDS |
||
1 hereby apply for grant of
permission to inspect the documents/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 the 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: |
|
Place: ????????? |
|
|
Date: ????????? |
Applicant |
|
Office use: |
|
|
Granted inspection for
??????????????hours on ?????????.rejected. |
||
|
Registrar |
|
|
AFT??????. |
Form No. 12
[SeeRules 59 and 65]
FORM OF VAKALATNAMA
ARMED FORCES TRIBUNAL, ???????. BENCH
O.A./R.A./C.A./A.T./M.A./?????
No ???????? of 20 ??? |
|
?????????????????????..??????????????Applicant/s |
|
Versus |
|
???????????????????????.????????????Respondent/s |
|
I, ?????????..
Applicant No ?????????.. Respondent No ????????.. in the above application do
hereby appoint and retain Shri?????????.. Legal Practitioner to appear, plead
and act for me/us in the above application and to conduct and prosecute all
proceedings that may be taken in respect thereof including G. Court
Application 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
party |
Date:??????? |
|
Executed in my
presence. |
?Accepted? |
*Signature with
date |
Signature with
date |
(Name and
designation) |
[Name of the
legal Practitioner] |
Name and address
of the |
|
Legal
Practitioner for service |
|
* |
The following
certification to be given when the party is unacquainted with the language of
the Vakalatnama or is blind or illiterate: |
|
The contents of
the Vakalatnama were truly and audibly read over/translated ????.. into
language known to executing the Vakalath and he seems to have understood the
same. |
|
Signature with
date (Name and
Designation) |
Form No. 13
(SeeRule 60)
ARMED FORCES TRIBUNAL, ?????????.. BENCH
O.A./R.A./C.A./A.T./M.A
?????????.. of. ?????????.. 20???.. |
|
?????????..??????.?????????..??????.???Applicant(s) |
|
Versus |
|
?????????..??????.?????????..??????.???Respondent(s) |
|
MEMO OF
APPEARANCE |
|
I, ?????????..
having been authorised ??????????????..??????.
?????????..??????.?????????..?????..?????..??? |
|
(here furnish
the particulars of authority) |
|
by the Central
Government notified under Section 25(2) applicable of the Armed Forces
Tribunal Act, 2007, hereby appear for Applicant No. ???????.. Respondent No
?????????..and undertake to plead and act for them in ail matters in the
aforesaid case. |
|
|
|
Place:
?????????.. |
|
Date:
?????????.. |
Signature and
Designation of the Legal
Practitioner |
Address of the
Legal Practitioner for service. |
Form No. 14
(SeeRule 67(1)]
ARMED FORCES TRIBUNAL,?????????.. BENCH
LEGAL
PRACTITIONER'S CLERK |
|
|
Non ? Transferable |
Identity Card
Reg. No. ?????????..???????????? Shri ?????????..
Date of Birth?????????????? S/o Shri
?????????..??????????????(Address) Has been
registered as a Clerk of Shri
??????????????.??????????????. Legal Petitioner
?????????..??????????????. ????????????????.??????????????. |
Passport size photo to be
affixed |
And that he is
entitled in connection with his employers business to have access to the
Registry of the AFT??????????.
Bench. The identity
Card is valid from ?????.to???. Specimen
signature of the Registered Clerk. Specimen
signature of the Legal Practitioner. Seal of the
Tribunal. |
|
|
Principal
Registrar/Registrar |
|
Date?????? |
Form No. 15
[See Rule 73(1)]
ARMED FORCES TRIBUNAL, ?????????.. BENCH
?..
O.R./R.A./T.A./A.T./C.A. (Civil/Criminal)/No ??????.. of 20 ???? |
|
?????????..??????.?????????..??????.???Applicant(s) |
|
Versus |
|
?????????..??????.?????????..??????.??Respondent(s) |
|
AFFIDAVIT |
|
I,
?????????????????? No,??????Rank ????? aged ?? years,
son/daughter/wife/husband of ?????????..??? name and occupation of the
deponent), unit ?????????..?????? residing at ????????..??????.do hereby
swear in the name of God/solemnly affirm and state as follows? |
|
Para 1 |
|
Para 2 |
|
Para 3 |
|
?????????..??????.????? |
|
?????????..??????.????? |
|
?????????..??????.????? |
|
Contents of
paragraphs Nos?????.. are within my personal knowledge and contents of
paragraph Nos????. 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: ???.? |
|
Date: ???.? |
Signature of the
Deponent Name in Block
Letters |
No. of
corrections on Page Nos. |
|
Identified by: |
|
?????????..??????????????????????????????..? Sworn/solemnly
affirmed before me on this the????..? day of ????..?200 ?.. |
|
|
Signature |
|
(Name and
Designation of the Attesting authority with seal) |
*The add
endorsement in Form No. 16 when necessary. |
Form No. 16
[See Rule 76]
ARMED FORCES TRIBUNAL,??????.. BENCH
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 put his signature or mark in my presence. |
|
|
(Signature) Name and
Designation with date |
Form No. 17
[See Rule 79(2), 82(1) and 111(1)]
ARMED FORCES TRIBUNAL, ?????.. BENCH
An application
for summons to produce documents or for return and transmission of documents
or for obtaining copies by strangers |
|
OA/RA./CA/AT/MA
No ?????? of ?????.. |
|
?????????..?????????????????????..??..Applicant |
|
Versus |
|
?????????..?????????????????????..????Respondent |
|
(Brief facts
leading to application) |
|
It is therefore
prayed that summons may please issued to the persons/authorities/officials
named and addressed as shown below for production of documents/exhibits for
the reasons shown against each or the documents/exhibits summoned earlier may
be returned and transmitted or copies of documents mentioned below may be
supplied. |
|
1. |
Name:?????????.?????????.?????.. |
2. |
Address:??????????????????.????? |
3. |
Nature and
description of exhibit or document :??????.?? |
4. |
Justification:??????.??????.????????.? |
Verification |
|
I,??????..??????
Name, No, Rank, unit ??????.??????.??????. Age, ??????. resident of
?????.??????.??????. Do hereby verify that the contents of Para 1 to above
are true on legal advice and that I have not suppressed any material fact. |
|
Place:?????. |
|
|
Signature of
Applicant |
Date:?????? |
Signature of
Legal Practitioner |
Form No. 18
[See Rule 79(3)]
ARMED FORCES TRIBUNAL, ?????? BENCH
O.A./R.A./C.A.
(Civil/Criminal)/A.T./M.A. No ???.of 20 ???.. |
|
SUMMONS FOR
PRODUCTION OF DOCUMENTS OR EXHIBITS BY THE TRIBUNAL |
|
Between |
|
????????????????????????????????????Applicant/s |
|
(By Legal
Practitioner Shri ??????????..) |
|
And |
|
???????????????????????????????????
Respondent/s |
|
(By Legal
Practitioner 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 ???20???. |
|
(Enter
description of documents requisitioned) |
|
Date??? |
?By Order
Tribunal? Registrar |
Form No. 19
[See Rule 88(1)]
ARMED FORCES TRIBUNAL,?????????BENCH
T.A./O.U./R.A./C.A.
(Civil/Criminal)/A.T./M.A. No ???? of 20 ???. |
|
DEPOSITION OF
PW/RW |
|
1. |
Name: |
2. |
Number and Rank: |
3. |
Father's/Mother's/Husband's
Name: |
4. |
Unit/Formation: |
5. |
Age: |
6. |
Occupation: |
7. |
Place of
Residence and address: |
8. |
Name of the
officer administering the oath/affirmations: |
9. |
Name of the
interpreter if any, duly sworn/solemnly affirmed: |
Examination-in-chief
: By |
|
????????????.????? |
|
????????????.????? |
|
Cross-examination:
By |
|
????????????.????? |
|
????????????.????? |
|
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 Bench with date. |
Form No. 20
[See Rule 90]
ARMED FORCES TRIBUNAL, ?????? BENCH
CERTIFICATE OF
DISCHARGE |
|
Certified that
??????? appeared before this Tribunal as a witness in/O.A./R.A./T.A./A.T./C.A
(civil/criminal/M.A. No???? of 20????? on behalf of the applicant/petitioner/respondent/as
court witness on the???? day of???? 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
Principal Registrar/Registrar. |
(Seal of the Tribunal) |
|
Form No. 21
[See Rule 102(1)]
SPECIMEN OF ORDER
ARMED FORCES TRIBUNAL, ?????. BENCH
O.A./T.A./C.A.
(Civil/Criminal)/M.A./A.T. No. ???..20???????????? this the ???.day of???.
20????. |
||
Shri????????.
A)/(J) |
||
Shri ????????
A)/(J) |
||
1. |
||
2. |
||
3. |
||
????????????????..????????????????..???Applicant/s |
||
(Here enter name
and full address of the applicant/s) |
||
By Legal
Practitioner Shri??????????. |
||
Versus |
||
1. |
||
2. |
||
3. |
||
???????????????????.????????????????Respondent/s |
||
(Here enter name
and full address of the respondent/s) |
||
By Legal
Practitioner Shri ???????????? |
||
Central Govt.
Standing Counsel. |
||
ORDER |
||
*????????????.??????? |
||
Para 1. |
||
Para 2. |
||
Para 3. |
||
?????????.???? |
|
|
?????????.???? |
|
|
(Signature) |
|
(Signature) |
?????????.???? |
|
?????????.???? |
Name |
|
Name |
Vice-Chairperson/Member |
|
Chairperson/Vice-Chairperson/Member |
** |
|
|
* |
Here enter name
of Chairperson/Vice-Chairperson/Member dictating or writing the order. |
|
** |
Here put the
initials of the Stenographer who types the Order. |
Form No. 22
[See Rule 103(3)]
BILL OF COSTS
(To be annexed to the order)
O.A./R.A./TA/A.T./C.A/MA/No???????..of
20 ????.. |
||
Costs awarded to
applicant No ?????????. Respondent No???????? and payable by Applicant
No?????????. Respondent No?????????. |
||
(i) |
Legal
Practitioner's fee |
???..Rs ???.???. |
(ii) |
Expenses |
???..Rs ???.???. |
|
|
___________________ |
|
Total |
Rs ???.???.???. |
|
|
___________________ |
Seal of the
Tribunal |
(Signature) |
|
|
Principal
Registrar/Registrar |
|
Note.?No bill of
costs need to be prepared or annexed, if costs are not awarded. |
Form No. 23
(See Rule 106)
IN THE ARMED FORCES TRIBUNAL, ?????????.
BENCH
O.A./TA/RA/C.A./M.A./A.T.
No ????? of 20 ???? |
?????????.?????????.?????????.????????Applicant(s) |
Versus |
?????????.?????????.?????????.???????
Respondent(s) |
|
INDEX SHEET |
|||
Sl. No. |
DESCRIPTION OF DOCUMENTS |
PAGE |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Certified that
the file is complete in all respects. |
|||
?????????. |
?????????. |
||
Signature of
S.O. |
Signature of
Dealing Hand |
||
Form No. 24
[See Rule 109(1)]
IN THE ARMED FORCES TRIBUNAL, ?????????.
BENCH
O.A./TA/RA/C.A.
(Civ/Cri)/M.A./A.T. No ????? of 20???? |
|
?????????.?????????.?????????.???????
Applicant(s) |
|
Versus |
|
??????.?????????.?????????.?????????.
Respondent(s) |
|
APPLICATION FOR
GRANT OF CERTIFIED COPIES |
|
1. |
Name &
Address of the applicant: |
2. |
Whether the
applicant is a party to the case. |
|
If not whether
an application under Rule 109 is filed: |
3. |
Whether the case
is pending or disposed of: |
4. |
Description with
date of the documents of which copy is-applied for: |
5. |
No of copies
required and nature of application (Whether urgent or ordinary): |
6. |
Details of the
fee remitted along with the application: |
Dated this
the?????????. day of????? 20 ???? |
|
Signature of the
Applicant |
|
Legal
Practitioner for the Applicant |
|
FOR OFFICE USE |
|
Granted/Rejected |
|
Additional
copying fee payable/paid and details thereof: |
|
(Initials of the
Officer in-charge) |
Form No. 25
[See Rule 119(1)]
IN THE ARMED FORCES TRIBUNAL, ?..?????????.
BENCH
NOTIFICATION OF CERTIFIED COPIES READY FOR
DELIVERY
Sl. No. |
Copy application No |
Name of the Applicant |
Case No, |
Date on which copy is ready
for delivery |
1 |
2 |
3 |
4 |
5 |
|
||||
(Signature of the Officer
in-charge with date) |
Form No. 26
[See Rule 146(2)]
DEPARTMENT-WISE CLASSIFICATION OF CASES
(A)
ARMY
(B)
NAVY
(C)
AIR FORCE
(D)
EX-SERVICEMAN
(E)
WIDOWS/DEPENDENTS
Form No. 27
[See Rule 146(3)]
SUBJECT-WISE CLASSIFICATION OF CASES
100.1 |
Enrolment and
grant of commission. |
|
2. |
Ad hoc
appointments/regularization. |
|
3.* |
Allotment/Vacation/Eviction
of Govt. Quarters/of Govt. hired accommodation matters. |
|
4. |
Examination and
courses. |
|
5. |
Creation and
abolition of posts. |
|
6. |
Pay and
allowances, pensionary benefits, compensation. |
|
7. |
Disciplinary ?
Cases |
|
|
(a) |
Court
Martial-SGCM, GCM, DCM, SCM. |
|
(b) |
Summary
awards/Summary Trial. |
|
(c) |
Adm Action
including termination of service. |
|
(d) |
Award of
censure. |
|
(e) |
Suspension |
|
(f) |
Bails. |
|
(g) |
Wrongful confinement |
|
(h) |
Disciplinary and
Vigilance Ban. |
8. |
Deputation/repatriation/absorption
in Govt./public sector. |
|
9. |
Ration and
uniform. |
|
10. |
LTC. |
|
11. |
Medical
facilities. |
|
12. |
Special
provisions for Ex-serviceman/physically handicapped/casualty. |
|
13. |
Retirement,
dismissal, discharge, release and resignation. |
|
14. |
Selection/Promotion/grant
of substantive rank etc. |
|
15. |
Seniority/Confirmation. |
|
16. |
Claims of
medical Reimbursement, Leave, Joining time etc. |
|
17. |
Compassionate
appointment/appointment of dependents dying in harness. |
|
18. |
Crossing of
efficiency bar. |
|
19. |
Date of birth. |
|
20. |
Entry in
Character Rolls/confidential Records/Service Record. |
|
21. |
Fixation of Pay. |
|
22. |
Travel
Regulations. |
|
23. |
Grant of
pension, family pension, other retirement benefits and Interest on retirement
benefits. |
|
24. |
Grant of refusal
to grant Advances/Loans. |
|
25. |
Grant, refusal
or recovery of allowances. |
|
26. |
Stagnation
increment. |
|
27. |
Annual
Confidential Reports. |
|
28. |
Compulsory
retirement |
|
29. |
Retiral benefits
(other than pension] |
|
30. |
Pension matters? |
|
|
(a) |
Disability
pension |
|
(b) |
Family pension |
|
(c) |
Special family
pension |
31. |
Maintenance
allowance |
|
32. |
Contempt matters |
|
33. |
Miscellaneous. |
Form No. 28
[See Rules 147(1) and (2)]
Part I
?????????. BENCH
STATEMENT SHOWING DISPOSAL OF CASES DURING
THE WEEK/MONTH ?????????.
Member of the
Bench |
Sitting Days |
No of Cases for
admission |
Cases Admitted |
No of Cases
restored (Excluding |
No of cases
disposed of at the |
No of Cases disposed of at
the final hearing stage |
Total disposal
(6+7) |
No of Cases
reserved for |
||
|
Full day |
Half Day |
|
|
M.As.) |
Admission stage |
Reserved Matters |
Oral |
|
Judgment |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
||
|
|
|
|
|
|
|
|
|
||
Total |
???????????????????????????????????? |
Part II
???? BENCH
CATEGORY-WISE STATEMENT OF INSTITUTION AND
DISPOSAL FOR THE WEEK/MONTH
Category of Cases |
Fresh Institution |
No of cases
Restored/Remanded |
Disposal |
Arrears increased by (+) or
decreased by (?) (1+2?3) |
1 |
2 |
3 |
4 |
|
T.As. |
|
|
|
|
O.As. |
|
|
|
|
R.As. (By circulation) |
|
|
|
|
Total |
|
|
|
|
|
|
|
|
|
A.Ts. |
|
|
|
|
M.As. |
|
|
|
|
Total |
|
|
|
|
|
|
|
|
|
A.Ts. |
|
|
|
|
M.As. |
|
|
|
|
Total |
|
|
|
|
DATE
Form No. 29
[See Rule No 147(3)]
Part I
STATEMENT SHOWING THE POSITION REGARDING
INSTITUTION. DISPOSAL AND PENDENCY OF CASES FOR THE MONTH OF ?.. IN RESPECT OF
???? BENCH
No of cases pending at
beginning of the month |
Cases instituted/received
during the month |
Total disposal |
Cases disposed of during the
month |
No of cases pending at the
end of the month |
Cumulative figures total of
disposed from 1st January |
A |
B |
C |
D |
E |
F |
Received by transfer |
Freshly instituted |
Total 1+2 |
Received by transfer |
Freshly instituted |
Total 4+5 |
Out of cases received by
transfer |
Out of cases freshly
instituted |
Total (7+8) |
1 |
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3 |
4 |
5 |
6 |
7 |
8 |
9 |
OA |
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TA |
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CA |
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AT |
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RA |
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Total |
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MA |
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G. Total |
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Part II
YEAR WISE BREAK UP OF PENDING CASES
Name of Bench |
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Category of Cases |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
2024 |
2025 |
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OA |
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TA |
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CA |
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RA |
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MAs |
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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 Bench of circuit sitting may be furnished
separately. |
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Note: |
OA denotes
Original Applications |
Instructions: |
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TA denotes
Transferred Application CA denotes Contempt Application |
1. Due date of
receipt of the Statement in Principal Bench is 7th of the following month. |
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RA denotes
Review Applications |
2. Total must
cross tally. |
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MA denotes
Miscellaneous Applications |
3. Information
be furnished in figures. |
APPENDIX ?B?
Form of Register No. I
[See Rule 9(2)]
ARMED FORCES TRIBUNAL, _____________BENCH
INWARD REGISTER
Dy No. |
Nature of
Application/Pleadings, etc received |
No, Rank and Name and Unit
of the party/Legal Practitioner Presenting |
Application Fee/Additional
process fee-paid |
Initial with date of the
receiving clerk |
Date of transmission to
Scrutiny Branch |
Initial of the clerk in the
Scrutiny Branch |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
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Form of Register No. II
[See Rule 14(8)]
ARMED FORCES TRIBUNAL______________BENCH
Register of: |
Original
Application |
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Review
Application |
For the year
20???????. |
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Contempt
Application |
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Application for
Transfer |
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Miscellaneous
Applications |
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Sl. No. |
Application No. |
Date of tiling and
registration |
Name and address of the
applicant |
Name of the Legal
Practitioner for the Applicant |
1 |
2 |
3 |
4 |
5 |
1. |
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2. |
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3. |
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4. |
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5. |
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Name and address of the
respondents |
Name of the Legal
Practitioner for the respondents |
Subject matter |
Date of admission |
Particulars of interim
orders in the application |
6 |
7 |
8 |
9 |
10 |
1. |
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2. |
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3. |
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4. |
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5. |
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Date and result of the final
order |
Whether disposed of by DB/FB |
Information Regarding
appeal. If any, filed in the Supreme Court and result thereof |
Date of transmission of
records to Records Room |
Remarks |
11 |
12 |
13 |
14 |
15 |
1. |
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2. |
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3. |
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4. |
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5. |
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Form of Register No. III
[See Rule 15(1)]
ARMED FORCES TRIBUNAL ____________BENCH
IPO/DD REGISTER
Sl. |
Diary No./ |
Name of |
Purpose of |
Particulars of IPO/DD |
Initials |
Initials |
Remarks |
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No. |
Application |
the: party remitting IPO/DD |
the party remitting IPO/DD |
No. & D. |
Amount |
Name of PO/Bank of issue |
with date of Clerk receiving
the IPO/DD |
with dated official
receiving IPO/In cash Sec. |
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I |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
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10 |
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Form of Register No. IV
[See Rule 20(1)]
ARMED FORCES TRIBUNAL _____________BENCH
TRIBUNAL DIARY
Date: |
TRIBUNAL HALL
NO. Day of the week: |
Sl. No. |
No. of Application |
Work done/progress |
Date to which next |
Remarks |
1 |
2 |
3 |
4 |
5 |
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Note: The
following abbreviations shall be used in Column No. 3. |
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Adj: Adjourned Adm: Admitted
notice ordered PH: Pan Heard PH/Adj: Part
Heard/Adjourned |
Dis. At Admn:
Disposed of at admission state JR: Judgment
Reserved Pt.: Party
Allowed. |
Form of Register No. V
[See Rule 38(1)]
ARMED FORCES TRIBUNAL _____________ BENCH
READY LIST OF OAs/RAs/TAs/CAs
(Civil/Crl.)/ATs/MAs
Sl. No |
No. of the case |
Whether Bench or Full Bench |
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 |
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Form of Register No. VI
[See Rule 46(1)]
ARMED FORCES TRIBUNAL _____________ BENCH
STAGE REGISTER
SI. No |
Appln Number |
Whether Bench/Bigger Bench |
Date of next posting |
Dale of next posting |
Whether Part heard or not? |
Whether connected with any
other pending case |
Dale of final hearing |
Date of disposal |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
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Instructions:
1. Application shall be entered as far as possible in the order of their
Registration Number.
2. In
respect of Transferred Application, the corresponding W.P. of application 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. VII
[See Rule 16(2)]
ARMED FORCE TRIBUNAL BENCH
POSTING REGISTER
DATE:____________
(Note:
Separate page should be taken for each date)
Sl. No. |
Application No. |
Whether Bench or Bigger
Bench |
Whether Part-Heard or not?
(If part heard composition of the Bench) |
Whether connected with any
other pending case? (If so the number of the connected case (s) |
Remarks |
1 |
2 |
3 |
4 |
6 |
6 |
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Form of Register No. VIII
(See Rule 58)
ARMED FORCES TRIBUNAL ______________ BENCH
REGISTER OF INSPECTION
No of Application which
inspection is sought |
Name of the Parties in the
application |
Name and Address of the
Person seeking inspection |
Date and lime of
commence-ment of inspection with the initials of the person inspecting |
Date and time of commencement
of inspection with the initials of the person inspecting |
Inspection fee paid, If any,
paid |
Initials of the official who
supervise the inspection |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
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Form of Register No. IX
[See Rule 112(1)]
ARMED FOECES TRIBUNAL __________BENCH
REGISTER OF COPY APPLICATIONS
Sl. No. |
Date of application |
Amount received and
particulars of DD/IPO |
Name of the applicant |
Amount and dale of payment
of additional fee |
Dale of preparation of copy |
Date of delivery of copy |
Signature of the person
receiving |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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Form of Register No. X
[See Rule 112(1)]
A&MED FORCES TRIBUNAL _______________
BENCH
REQUISTION REGISTER
Sl. No. |
No. and dale 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
tile with initials |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
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Form of Register No. XI
[See Rule 127]
ARMED FORCES TRIBUNAL __________ BENCH
DESPATCH REGISTER OF FREE COPIES OF ORDERS
Sl. No. |
Case No. |
Name and address of the
person to whom the free copy is sent |
No. and date of the postal
receipt, if sent by Regd. Post AD |
Amount of postage |
Signature of the Legal
Practitioner Party taking delivery with date |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
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Form of Register No. XII
[See Rule 133(1)]
ARMED FORCES TRIBUNAL__________ BENCH
REGISTER OF SLPs/APPEALS TO SUPREME COURT
Sl No. |
No. of SLP/Appeal before the
Supreme Court |
Num-ber of the case
appea-led agai-nst |
Name of the
Appl-icant/Respon-dent |
Date of despa-tch of
recor-ds to SC |
Date of receipt of recor-ds
from SC |
SLP dismiss-ed allowed with
date |
Interim direction if any,
with date |
Interim direction if any.
with date |
Direction if any, for
compliance by the Tribunal |
Steps taken for comp-liance |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
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Form of Register No. XIII
(See Rule 140)
ARMED FORCES TRIBUNAL ___________BENCH
REGISTER OF RECORDS RECEIVED IN RECORD ROOM
SI. No. |
Case No. |
Date of disposal of the case
by the Tribunal |
Name of the appli-cants and
legal practit-ioner |
Name of respondents legal
practitioner |
No. of appeal if any, before
the SC and date of disposal |
Dale of receipt of records
in the record room |
Date up to which to be
retained |
Dale on which destroy |
No. and date of
Notification of Destruction |
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Part I |
Part II |
Part III |
Part I |
Part II |
Part III |
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I |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
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APPENDIX ?C?
[See Rule 148(2)]
ARMED FORCES TRIBUNAL, ___________ BENCH
INSPECTION
SCHEDULE I
FORMAT FOR INSPECTION OF JUDICIAL SECTION
Name
of Department
Date
of present Inspection
Date
of last 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. Register (J)
Part I
STAFF STRENGTH
(Factual
data to be furnished by Section Officer)
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S.O. |
Asst. |
UDC |
LDC |
Daftary |
Peon |
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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 |
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2. |
The staff strength at the
time of last inspection. (a) Sanctioned (b) Actual |
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3. |
Number of members of staff
having working knowledge in Hindi. |
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4. |
Number of Staff working in
Hindi. |
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5. |
Distribution of work amongst
various officers. |
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6. |
Number of cases received
during the year. |
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7. |
Number of cases decided
during the year. |
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8. |
Whether fire extinguisher
has been installed, and is in proper working order. If not action taken in
respect thereof. |
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9. |
Whether the electrical
finings and wiring are salt and satisfactory and in working order. |
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10. |
Whether space for keeping
records is sufficient. If not, suggestions, if any. |
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11. |
Whether the racks are
sufficient, if not, requirement considering the available space. |
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12. |
How many exhaust fans have
been installed, in the section, are these in working order, if not, has it
been reported. |
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Part
II |
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1. |
Whether all the files
received in the previous quarter are property maintained. (Take ten files from
different racks in all and tally the documents with index and examine the following? (i) Whether the papers are
properly classified and ragged. (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
Legal Practitioners tally with Vakalatnamas. (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. |
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2. |
Whether all the files are
properly kept year-wise in seriatim and labels indicating the year affixed. |
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3. |
Whether the court diary is
maintained properly. |
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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. |
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5. |
Whether the warning list is
prepared and published as per the rules. |
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6. |
Whether the daily cause list
is prepared and published as per the rules. |
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7. |
(a) Whether the interim
order/final orders/are communicated in time. (b) Whether copies of common
orders are kept in connected files. |
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8. |
Whether the certified copies
are issued as per the rules. |
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9. |
(a) Is there any delay in
taking steps in complying with direction of the Supreme Court? |
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(b) Whether Records are
transmitted to Supreme Court in time. (c) Is there any failure in
circulating the order of the Supreme Court.? |
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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, reasons therefore. (c) Whether the
retention/destruction of records or done as per rules. |
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11. |
Whether the following
registers are maintained properly and periodical inspection done by the S.O. (a) Inward Register. (b) Register of OA/RA/CA
(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. |
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SCHEDULE II
FORMAT FOR INSPIRATION 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.
Accomodation, 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 in see whether pages of
the books arc properly sealed.
4.
Whether the books are sealed marked and
numbered (Check some books and tally the numbers 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 the copies of necessary correction
slips have been sent to all PS/CO and others.
12.
Whether a guard file containing all 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 back magazine or other paper in
the Library which require weeding, if so, detail 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
SCHEDULE III
FORMAT FOR INSPECTION OF ADMINISTRATION
SECTIONS
DIVISION A ? CENTRAL ISSUE SECTION
Armed
Forces Tribunal, ?????.. Bench
1.
Name of Deptt.
2.
Date of present inspection.
3.
Date of last inspection.
Part I
(Factual data to be furnished by Section
Officer)
A ?
Staff Position
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S.O. |
Asstt. |
UDC |
LDC |
Daftry |
Peon |
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1 |
2 |
3 |
4 |
5 |
6 |
1 |
Staff Strength Present (a) Sanctioned: (b) Actual: |
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2. |
At the lime of last
inspection. (a) Sanctioned: (b) Actual: |
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3. |
Deployment of Staff on (a) Receipt and diarising 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 13. Approved Courier |
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B ?
Grade of Work
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1 |
2 |
3 |
4 |
5 |
6 |
4. |
What is the average rate of
dak received for onward transmission per day from various section: (i) Hon'ble Chairperson's
Office (ii) Hon'ble Vice
Chairperson's Office (iii) Hon'ble Member's
Office (iv) Registrars Office (v) FA & CAO's Office |
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(vi) Judicial sections (a) Notice (b) Dasti Dak (c) Order (vii) Administrative
sections (viii) Cash section (ix) Pay & Accounts
Office (x) Any other (a) Telegram (b) Speed Post (c) Approved courier |
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5. |
Average rate of receipt and
despatch of dak per day by various modes of dispatch viz. (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. (viii) By Approved courier |
BF |
Rece-ipt |
Despatch |
Balance |
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6. |
If any balance is left over
in total receipt & dispatch, what are the reasons therefore and how many
days are normally taken in Despatch section to despatch a Communication. |
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(Signature
of Section Officer)
Part II
INSPECTION OFFICER'S REPORT
Reservations on procedural
requirements |
Maintained |
Corrected |
Available Hands |
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1 |
2 |
3 |
4 |
(1) |
List of residential address
and Telephone number of Officers and Staff of A.F.T.P.B. and other Benches. |
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(2) |
List and residential address
and telephone numbers of Officers of otherOrganisation e.g., Deptt. Of
P&T Trg., Supreme Court, High Courts etc. |
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(3) |
List of telegraphic
addresses of various Benches of A.F.T. and High Courts and other outstation
Deptts. With whom correspondence is exchanged frequently. |
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(4) |
Delhi Official Directory |
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(5) |
Official Directory of A.F.T. |
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(6) |
Schedule of Postal Rates. |
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(7) |
Schedule of Speed Post
rules. |
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(8) |
Dak Registers in Prescribed
Pro forma (a) Whether maintained
properly (b) Whether delay in
distribution (c) Whether neat and tidy (d) Whether scrutinized by
S.O. daily |
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(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. |
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(10) |
Despatch Examine a sample of 50
communications ready for despatch and indicate number (if any) where (i) Covers needlessly used. (ii) Covers used where not
of appropriate size. (iii) Economy slips,
although required, not used. (iv) Address written is
incomplete or illegible. (v) Window envelop used but
address is not visible from the window. (vi) Unduly large number of
stamps or some other denomination used. (vii) Covers meant for
despatch under service postage stamps not franked with facsimile impression
of the signature of Officer-in-charge. (viii) Covers marked for
despatch by Regd. A.D. with A.D. Card not bearing reference No. of the
Communication. (ix) Reference No. of
telegram ready for despatch not indicated in the receipt portion of telegram. |
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(11) |
Whether Despatch Register
and Register of daily abstract of service postage stamps used 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 Spl.
Messenger (v) Despatch by hand across
the counter. (vi) Whether these Registers
are maintained neat and tidy. Whether value |
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of stamps totaled. (i) Daily (ii) Correctly |
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(12) |
Whether postal registration
books used for registered post? |
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(13) |
Stamp Account Register: Whether stamp register is
maintained in the prescribed form? Totals from the dispatch
registers and postal registration book posted. (a) Daily (b) Correctly (c) Scrutinized by S.O.
daily (d) Inspected each month by
Deputy Registrar. (e) Whether stocks available
tallied with the balance shown in the register? |
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(14) |
Spl. Messenger(s) Books (a) What is the number of
books in use? (b) Whether number serially? (c) What is the basis of
allocation? (d) Whether allocation is
rational? (e) Whether the time of
receipt and dispatch of urgent communication is indicated? |
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(15) |
Efficiency in dispatching a
communication at random. (examine a sample of 50 items of dak dispatched
during the period under inspection and indicate) (a) time taken to dispatch a
regd. letter. (b) time taken to dispatch a
speed post letter. (c) time taken to dispatch
an ordinary letter. (d) time taken to dispatch a
telegram. (e) time taken to dispatch a
letter through spl. Messenger. |
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(16) |
General Remarks (a) Adequacy of Staff
Strength (b) Adequacy of working
condition including lighting, ventilation etc. |
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(17) |
Summing up Brief recapitulation of
defects or short comings noticed. |
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(18) |
Suggestion for improvement (a) by the inspecting
officer. (b) Recd. For S.O./Staff and
comments of Inspecting Officer thereon. |
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(19) |
A general assessment of
performance of the section including comparative appraisal with particular
reference to the picture revealed during the fast inspection |
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Date???????.. |
(Signature of
Inspecting Officer) Designation |
DIVISION B
ADMINISTRATION SECTION
ARMED FORCES TRIBUNAL, ? BENCH
Name
of Deptt.
Date
of present inspection
Date
of fast inspection
Name
and designation of the inspecting officer
Part I
(Factual data to be furnished by Section
officer)
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S.O. |
Asstt. |
UDC |
LDC |
Daftry |
Peon |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
A. |
Staff Strength 1. Present (a) Sanctioned (b) Actual |
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2. At the time of last
inspection (a) Sanctioned (b) Actual |
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3. What is the No. of
Members of staff having working knowledge in Hindi? |
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4. What is the No. of Staff
working in Hindi? |
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B. |
Typewriters 1. No. of Typewriters. 2. No. of Devnagari
typewriters |
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C. |
State of work |
During the preceding 12
months |
During 12 months proceeding
last inspection |
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1. No of receipts received |
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2. No of files opened |
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3. (i) No. of files due for
Recording (ii) No of files recorded (iii) No of files pending
for recording |
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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) |
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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 than
one year |
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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 C.A.W.D. (iii) Complaints attended.
to and defects rectified by C.A.W.D (v) Complaints pending
(indicate period of pendency and attended to item-wise) |
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7. What is the No of
complaints received and attended to item-wise in respect of maintenance of
office equipment etc. |
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Sl. No. |
Item details |
No. of complaints recd |
No. of complaints attended
to |
No. of complaints Pending |
Duration of pendency reasons
for |
1 |
2 |
3 |
4 |
5 |
6 |
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(a) Air Conditioner |
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(b) Room Coolers |
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(c) Water Coolers |
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(d) Fans |
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(e) Typewriter (Manual) |
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(f) Typewriter (Electric) |
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(g) Word processors |
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(h) Computer P.C |
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(i) Photocopier |
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(j) Duplicating machine |
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(k) Paper Shredder |
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(l) Heater |
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(m) Refrigerator |
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(n) Heat convector |
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(o) Franking machine |
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(p) Weighing machine |
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(q) Telephones, Mobile |
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(r) Fax Machine |
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(s) Intercoms |
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(t) Water purifier |
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(u) Water dispenser |
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(v) Coffee/Tea vending
machine |
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(w) Almirah |
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(x) Furniture |
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(y) General cleanliness |
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(z) Any other not specified
items |
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(aa) Relating to supply of
stationery/stores |
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(ab) Chest Box |
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8. |
Constraints if any to carry
out the day-to-day work and suggestion, if any, to improve the working
efficiency. |
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(Signature)
Name
and Designation
Part II
INSPECTING OFFICER'S REPORT
1. |
Are the following
maintained? |
Neat and Tidy up to date |
Supervised by SO
periodically |
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(1) Dead Stock Register |
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(2) Consumable Stock
Register |
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(3) Distribution Register |
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(4) File and File Movement
Register |
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(5) List of standard
sub-heads |
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(6) Diary Register |
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(7) Astt. Dairy |
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(8) List of subject allotted
to different dealing hands |
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(9) Guard Files |
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(10) Reference Folders |
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(11) Decision
Diary/Precedent Book |
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(12) Reference Books |
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(13) Register for watching
progress of recording of files |
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(14) Register for watching
progress of weeding of files |
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(15) Reminder Diary |
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(16) CPWD Complaint Register |
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2. |
Submission/processing of
cases |
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(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. |
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3. |
Checks on delays |
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(a) Whether weekly arrear
statement is prepared. |
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(b) Whether monthly arrear
statement is prepared. |
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(c) Whether Check List for
incoming and outgoing return is maintained and returns are sent well time. |
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(d) Whether all incoming
papers arc diarized and if so, there has been any delay in diarizing the
papers. |
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(e) Whether there has been
any delay in typing out the fair letters. |
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4. |
Opening and numbering of
files |
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(i) List of standard heads
and subheads: (a) Maintained? (b) Reviewed annually? (ii) Files opened under
appropriate heads? Take a sample of ten files (iii) Titles appropriate? |
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5. |
Check list of incoming and
outgoing periodical returns. |
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(a) No of periodical returns
and what is the periodicity:? |
Incoming |
Outgoing |
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(i) Weekly |
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(ii) Fortnightly |
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(iii) Monthly |
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(iv) Quarterly |
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(v) Half-yearly |
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(vi) Yearly |
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(b) What is the number of
returns recd/sent up to date |
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(i) What is the number of
returns not received/sent on date ? |
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(ii) Whether adequate steps
have been taken to obviate the recurrence of delays, if so, please describe
and if not what are the reasons therefore? |
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(c) Check list to attend
letters received from Supreme Court, High Courts. MPs. Etc. and D.O. letters
addressed to Hon'ble Chairperson/Hon'ble Vice-Chairperson. |
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(i) Is S.O. keeping special
watch? |
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(ii) If so, how and if not,
why? |
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(iii) Is the method adopted
adequate, if not, what are the suggestions? |
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(iv) What is the number of
such letters not acknowledged or interim reply given (a) Within a week (b) Within a month |
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6. |
Check of staff Cars |
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(1) Do adequate arrangement
exist to maintain and servicing of staff car/if not what are the
deficiencies? |
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(2) Do adequate arrangement
exist for garaging vehicles properly? If not. What are the deficiencies ? |
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(3) Do adequate arrangement
exit for refueling of vehicles ? If not, what are the deficiencies ? |
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(4) Do the log books of
vehicles are maintained in prescribed Performa and entries are checked
periodically by the Controlling Officer. If not what are the deficiencies? |
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(5) Whether the monthly
return on consumption of petrol is sent on time. |
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7 |
Use of Hindi for Official
purposes |
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(i) Examine a sample of 5
cases of Hindi speaking slates e.g., U.P. H.P. Bihar, Rajasthan, Haryana and
Union Territory of Delhi and report as to whether in each case communication
was sent in Hindi. |
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(ii) Take sample of 5
communications in Hindi received from member of public or employees to which
replies have been sent and indicate whether letters received in Hindi are
replied in Hindi or not. |
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(iii) Of the 10 sample cases
referred to above, indicate in how many cases noting/drafting were done
originally in Hindi. |
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(iv) Take example of 5
contracts/agreements executed and indicate the number of those not
simultaneously executed in Hindi. |
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(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. |
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Summing up |
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1. Brief recapitulation of
defects or short comings noticed and any other comments which inspecting
officer may have to make. |
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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.) |
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3. Suggestion for
improvement |
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(a) made by inspecting
officer |
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(b) received from the staff
of the section together with comments of the inspecting officer, thereon. |
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Dated?????.. |
Signature of
Inspecting Officer Designation |
SCHEDULE IV
FORMAT FOR INSPECTION OF RECORD ROOM
Date
of present inspection
Date
of last inspection
Date
of inspections during the current financial year
Name
and designation of the Inspecting Officer
Name
of the S.O. ir I/C (RR) 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)
1. |
Staff strength |
S.O. |
Asstt. |
UDC |
LDC |
Daftry |
Peon |
|
1. Present staff strength
with date they took charge of the post, |
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(a) Sanctioned (b) Actual |
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2. The staff strength at the
time of last inspection |
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(a) Sanctioned (b) Actual |
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3. Number of members of
staff having working knowledge of Hindi. |
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4. Number of Staff working
in Hindi. |
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5. Distribution of work
amongst various officers. |
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6. Whether fire extinguisher
has been installed and is in proper working order. If not, action taken in
respect thereof. |
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7. Whether the electrical
fittings and writing are safe and satisfactory and in working order. |
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8. Whether space for keeping
records is sufficient, if not suggestions, if any. |
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9. Whether the racks are
sufficient in number, if not requirement considering the available space |
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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.) |
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2. How many defective files
(Badar files) were found during the quarter, |
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3. Whether ail the files in
the record room are properly kept year in seriatim and labels indication the
year affixed. |
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4. If any file found lying
on the floor or not kept at proper place, the reason for it. The date of
receipt in record room should he indicated with the name of the official. |
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5. Whether the files are
received in the record room for consignment of the date/dates fixed for each
judicial section. If not reason therefore. |
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6. Whether the records arc
received with list and all such lists are properly stitched. |
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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 up to 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 hack within three days. If not
reasons therefore. |
3. Registers for requisition
properly maintained or not with date of requisition and date of sending the files
and date of receiving back. |
[1]Ministry
of Defence, Noti. No. S.R.O. 6(E), dated 11th May, 2009, published in the
Gazette of India, Extra., Part II, Section 4, dated May 14, 2009, pp. 99-193,
No. 5.