In exercise of the powers conferred by
sub-section (1) read with clauses (d), (e) and (0 of sub-section (2) of Section
35 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central
Government hereby makes the following rules, namely. (1)
These rules may be called the Andhra Pradesh
Administrative Tribunal (Procedure) Rules, 1989. (2)
They shall come into force on the date of
their publication in the Official Gazette. In these rules, unless the context
otherwise requires,? (a)
"Act" means the Administrative
Tribunals Act, 1985 (13 of 1985); (b)
"agent" means a person duly
authorised by a party to present an application or a written reply on its
behalf before the Tribunal; (c)
"applicant" means a person making
an application to the Tribunal under Section 19; (d)
"Form" means a form specified in
Appendix A; (e)
"Legal Practitioner" shall have the
same meaning as is assigned to it in the Advocates Act, 1961 (25 of 1961); (f)
"Legal representative" means a
person who in law represents the estate of the deceased; (g)
"Registrar" means in relation to
the Tribunal the Registrar appointed to the Principal Bench and in relation to
each of the other Benches of the Tribunal shall mean the Registrar appointed to
the particular Bench and include any officer to whom the powers and functions
of the Registrar may be delegated under clauses (2) and (3) of Rules 28; (h)
"Registry" means the Registry of
the Tribunal or of the Bench of the Tribunal as the case may be; (i)
"Section" means a section of the
Act; (j)
"Transferred application" means the
suit or other proceeding which has been transferred to the Tribunal under
sub-section (1) or sub-section (2) of Section 29; (k)
"Tribunal" means the Andhra Pradesh
Administrative Tribunal established under sub-section (2) of Section 4 of
the Act; (l)
the words and expressions used and not
defined in these rules but defined in the Act shall have the same meaning
respectively assigned to them in the Act. The language of the Tribunal shall be
English: Provided that the parties to a proceeding before the Tribunal may file
documents drawn up in Telugu, if they so desire: Provided further that (a)
a Bench may in its discretion permit the use
of Telugu in the proceedings, however, the final order shall be in English; (b)
the Bench, hearing the matter, may in its
discretion, direct English translation of pleadings and documents to be filed. (1)
an application to the Tribunal shall be
presented in Form I by the applicant in person or by an agent or by a duly
authorised legal practitioner to the Registrar or any other officer authorised
in writing by the Registrar to receive the same or be sent by registered post
with acknowledgment due addressed to the Registrar of the Bench concerned. (2)
The application under sub-rule (1) shall be
presented in triplicate in a paper-book form along with one unused file size
envelope bearing full address of the respondent. (3)
Where the number of respondents is more than
one as many extra copies of the application in paper-book form as there are
respondents together with unused file size envelope bearing the full address of
each respondent shall be furnished by the applicant: Provided that where the number of
respondents is more than five, the Registrar may permit the applicant to file
the extra copies of the application at the time of issue of notice to the
respondents. (4)
The applicant may attach to and present with
his application a receipt slip in Form II which shall be signed by the
Registrar or the Officer receiving the application on behalf of the Registrar
in acknowledgment of the receipt of the application. (5)
(a) Notwithstanding anything contained in
sub-rules (1) to (3), the Tribunal may permit more than one person to join
together and file a single application if it is satisfied, having regard to the
cause of action and the nature of relief prayed for, that they have a common
interest in the matter. (b) Such permission may also be
granted to an association representing the persons desirous of joining in a
single application provided, however, that the application shall disclose
the class/grade/categories of persons on whose behalf it has been filed. (1)
The Registrar or the officer authorised by
him under Rule 4, shall endorse on every application the date on which it is
presented or deemed to have been presented under that rule and shall sign the
endorsement. (2)
If, on scrutiny, the application is found to
be in order, it shall be duly legistered and given a serial number. (3)
If the application, on scrutiny, is found to
be defective and the defect noticed is formal in nature, the Registrar may
allow the party to rectify the same in his presence, and if the said defect is
not formal in nature, the Registrar may allow the applicant such time to
rectify the defect as he may deem fit. (4)
If the applicant fails to rectify the defect
within the time allowed under sub-rule (3), the Registrar may, by order and for
reasons to be recorded in writing, decline to register the application and
inform the applicant accordingly. (5)
An appeal against the order passed under
sub-rule (4) may be preferred by the person aggrieved within fifteen days from
the date of such order to the Chairman in the case of Principal Bench and to
the Vice-Chairman concerned, in the case of any other Bench and such appeal may
be dealt with and disposed of in Chamber by the Chairman or the Vice-Chairman
concerned or in their absence any Member authorised by the Chairman by special
or general order, whose decision thereon shall be final. The application shall ordinarily be
filed by the applicant with the Registrar of the Bench within whose
jurisdiction ; (i)
the application is posted for the time being,
or (ii)
the cause of action has arisen, or (iii)
the respondent or any of the respondents
against whom relief is sought, ordinarily resides: Provided that the application may be
filed with the Registrar of the Principal Bench and, subject to Section 25 of
the Act, such application may be transmitted to be heard and disposed of by the
Bench which has jurisdiction over the matter. Every application filed with the
Registrar shall be accompanied by a fee of rupees fifty to be remitted either
in the form of crossed demand draft on a nationalised bank in favour of the
Registrar of the concerned Bench and payable at the main Branch of that bank at
the station where the seat of the said Bench is situate, or remitted through a
crossed Indian Postal Order drawn in favour of the Registrar of the
concerned Bench and payable at the post office of the station where the said
Bench is situate. Provided that where the Tribunal
permits a single application to be filed, either by more than one person or by
an Association, the fee payable shall be rupees fifty : Provided further that where the
Tribunal is satisfied that an applicant is unable to pay the prescribed fee on
ground of indigence, it may exempt such an applicant from the payment of fee. (1)
Every application filed under Rule 4 shall
set forth concisely under distinct heads the grounds for such application. Such
grounds shall be numbered consecutively. Every application, including any
miscellaneous application shall be typed on double space on one side on thick paper
of good quality. (2)
It shall not be necessary to present a
separate application to seek an interim order or direction if in original
application the same is prayed for. (3)
An applicant may, subsequent to the filing of
an application under Section 19 of the Act, apply for an interim order or
direction. Such an application shall, as far as possible, be in Form III. (1)
Every application shall be accompanied by a
paper-book containing: (i)
an attested true copy of the order against
which the application is filed; (ii)
copies of the documents relied upon by the
applicant and referred to in the application; (iii)
as index of the documents. (2)
The documents referred to in sub-rule (1) may
be attested by a legal practitioner or by a gazetted officer and each document
shall be marked serially as Annexure A-l, A-2, A-3 and son on. (3)
Where an application is filed by an agent,
documents authorising him to act as such agent shall also be appended to the
application: Provided that where an application is
filed by a legal practitioner, it shall be accompanied by a duly executed
'Vakalatnama'. An application shall be based upon a
single cause of action and may seek one or more reliefs provided that they are
consequential to one another. (1)
Any notice or process to be issued by the
Tribunal may be served by any of the following modes directed by the
Tribunal: (i)
service by the party himself; (ii)
by hand delivery (Dasti) through a process
server ; (iii) by registered post with acknowledgment due ; or (iv) through the
head of the department concerned by any one of the above means; (2)
Where notice issued by the Tribunal is served
by the party himself by 'hand delivery' (Dasti), he shall file with the
Registry of the Tribunal, the acknowledgment, together with an affidavit of
servide. (3)
Notwithstanding anything contained in
sub-rule (1) the Tribunal may, taking into account the number of respondents
and their place of residence or work and other circumstances, direct that
notice of the application shall be served upon the respondents in any other
manner, including any manner of substituted service, as it appears to the
Tribunal just and convenient. (4)
Notwithstanding anything done under sub-rule
(1), the Tribunal may in its discretion, having regard to the nature and
urgency of the case, direct the service of the notice on the Standing Counsels
appointed as such by the State Government or any Department of the State
Government. (5)
Every notice issued by the Tribunal shall,
unless otherwise ordered, be accompanied by a copy of the application along
with a copy of the paper-book. (6)
Every applicant shall pay a fee for the
service or execution of processes, in respect of an application where the
number of respondents exceeds five, as under. (i)
a sum of rupees five for each respondent in
excess of five respondents; or (ii)
where the service is in such a manner as the
Tribunal may direct under sub-rule (3) such a sum, not exceeding the actual
charges incurred in effecting the service, as may be determined by the
Tribunal. (7)
The fee for the service or execution of
processes under sub-rule (3) shall be remitted in the manner prescribed in Rule
7 within one week of the date of the order determining the fee or within such
extended time as the Registrar may permit. (8)
Notwithstanding anything contained in
sub-rules (1) to (4), if the Tribunal is satisfied that it is not reasonably
practicable to serve notice of application upon all the respondents, it may,
for reasons to be recorded in writing, direct that the application shall be
heard notwithstanding that some of the respondents have not been served with
notice of the application; Provided that no application shall be
heard unless,? (i)
notice of the application has been served on
the Central Government or the State Government, if such Government is a
respondent; (ii)
notice of the application has been served on
the authority which passed the order against which the application has been
filed; and (iii)
the Tribunal is satisfied that the interests
of the respondents on whom notice of the application has not been served are
adequately and sufficiently represented by the respondents on whom notice of
the application has been served. (1)
Each respondent intending to contest the
application, shall file in triplicate the reply to the application and the
documents relied upon in paper book form with the Registry within one month of
the service of notice of the application on him. (2)
In the reply filed under sub-rule (1), the
respondent shall specifically admit, deny or explain the facts stated by the
applicant in his application and may also state such additional facts and may
be found necessary for the just decision of the case. It shall be signed and
verified as a written statement by the respondent or any other person duly
authorised by him in writing in the same manner provided for in Order VI, Rule
15 of the Code of Civil Procedure, 1908 (5 of 1908). (3)
The documents referred to in sub-rule (2)
shall also be filed along with the reply and the same shall be marked as R-l,
R-3 and so on. (4)
The respondent shall also serve a copy of the
reply along with documents as mentioned in sub-rule (1) on the applicant or his
legal practitioner, if any, and file proof of such service in the Registry. (5)
The Tribunal may allow filing of the reply
after the expiry of the prescribed period. The Tribunal shall notify to the
parties the date and the place of hearing of the application in such manner as
the Chairman may by general or special order direct. The Tribunal shall ordinarily hold its
sittings at Hyderabad. Provided that the Benches of the
Tribunal shall be in such places as the State Government may, by notification,
specify. Provided that if at any time, the
Chairman of the Tribunal is satisfied that circumstances exist which render it
necessary to have sittings of the said Bench at any place falling within
its territorial jurisdiction, other than the place or places at which it
ordinarily sits, the Chairman may direct that the Bench shall hold its sittings
at any such appropriate place for such period as may be specified. A Full Bench shall be a Bench of any
number not less than three of the members and the following matters may be
heard and determined by a Full Bench, namely. (i)
matters involving the interpretation of any
of the provisions of the Andhra Pradesh Public Employment (Organisation of
Local Cadres and Regulations of Direct Recruitment) Order, 1975 or any order
made thereunder; (ii)
all matters arising out of the integration of
any services of the States consequent on the provisions of the States Reorganisation
Act, 1956 (37 of 1956); (iii)
any other matter which is assigned to, or
referred to it: Provided that in such case or cases
where the Chairman, having regard to the nature of the questions involved is of
the opinion that it requires to be decided by a Full Bench of more than 2
Members, he may do so by general or special orders, as he may deem fit. (1)
Each Bench shall draw up a calendar for the
hearing of transferred cases and, as far as possible, hear and decide the cases
according to the calendar. (2)
Every application shall be heard and decided,
as far as possible, within six months from the date of its registration. (3)
The Tribunal shall have the power to decline
an adjournment and also to limit the time for oral arguments. (1)
Where on the date fixed for hearing of the
application or on any other date to which such hearing may be adjourned, the
applicant does not appear when the application is called for hearing, the
Tribunal may, in its discretion, either dismiss the application for default or
hear and decide it on merit. (2)
Where an application has been dismissed for
default and the applicant files an application within thirty days from the date
of dismissal and satisfies the Tribunal that there was sufficient cause for his
non-appearance when the application was called for hearing, the Tribunal shall
make an order setting aside the order dismissing the application and restore
the same: Provided, however, where the case was disposed
of on merits the decision shall not be responded except by way of review. (1)
Where on the date fixed for hearing the
application or on any other date to which such hearing may be adjourned, the
applicant appears and the respondent does not appear when the application is
called for hearing, the Tribunal may, in its discretion, adjourn the hearing or
hear and decide the application ex-parte. (2)
Where an application has been heard ex-parte
against a respondent or respondents such respondent or respondents, may apply
to the Tribunal for an order to set it aside and if such respondent or
respondents, satisfy the Tribunal that the notice was not duly served, or that
he or they were prevented by any sufficient cause " from appearing
when the application was called for hearing the Tribunal may make an order
setting aside the ex-parte hearing as against him or them upon such terms
as it thinks fit, and shall appoint a day for proceeding with the
application. Provided that where the ex-parte
hearing of the application is of such a nature that it cannot be set aside
as against one respondent only it may be set aside as against all or any
of the other respondents also. Provided further that in cases covered
by sub-rule (8) of Rule 11, the Tribunal shall not set aside ex-parte hearing
an application merely on the ground that it was served upon a respondent or
respondents. No application for review shall be
entertained unless it is filed within thirty days from the date of the order of
which the review is sought. (1)
In the case of death of a party during the
pendency of the proceedings before the Tribunal, the legal representatives of
the deceased party may apply within thirty days of the date of such death for
being on record as necessary parties. (2)
Where no application is received from the
legal representatives within the period specified in sub-rule (1), the
proceedings against the deceased party shall abate: Provided that on good and sufficient
reasons the Tribunal, on an application, may set aside the order of abatement
and substitute the legal representatives. The Tribunal may if sufficient cause
is shown at any stage of proceedings grant time to the parties or any of them,
and adjourn the hearing of the application. The Tribunal may make such order as
it thinks fit with respect to the costs occasioned by the adjournment. (i)
Every order of the Tribunal shall be in
writing and shall be signed by the Member or Members constituting the Bench,
which pronounced the order. (ii)
The orders shall be pronounced in open court. Any order of the Tribunal deemed fit
for publication in any authoritative report or the press may be released for
such publication on such terms and conditions as the Chairman or the Vice
Chairman concerned may specify by general or special order. (1)
Every interim order granting or refusing or
modifying interim relief and final order passed on any application shall
be communicated to the applicant and to the respondent concerned either by
hand delivery or by registered post free of cost. (2)
If the applicant or the respondent to any
proceeding requires a copy of any document or proceeding the same shall be
supplied to him on such terms and conditions on payment of such fees
as may be fixed by the Chairman by general or special order. (1)
The parties to any case or their counsel may
be allowed to inspect the record of the case on making an application in
writing to the Registrar. (2)
Subject to such terms and conditions as may
be prescribed by the Chairman by a general or special order a person who is not
a party to the proceeding, may also be allowed to inspect the proceedings after
obtaining the permission of the Registrar in writing. The Tribunal may make such orders or
give such directions as may be necessary or expedient to give effect to its
orders or to prevent abuse of its process or to secure the ends of justice. (1)
No clerk employed by a legal practitioner
shall act as such in the Tribunal or be permitted to have access to the records
and obtain copies of the orders of the Bench of the Tribunal in which the legal
practitioner ordinarily practises unless his name is entered in the Register of
clerks maintained by the said Bench. Such clerk shall be known as a
"Registered Clerk". (2)
Alegal practitioner desirous of registering
his clerk shall make an application to the Registrar in Form IV. On such
application being allowed by the Registrar, his name shall be entered in the
Register of Clerks. (3)
After registration of the clerk, the
Registrar shall direct the issue of an identity card to him which shall be
non-transferable and shall be produced by the holder upon request by an officer
or other employees of the Tribunal authorised in this behalf. The identity card
shall be issued under the signature of the Deputy Registrar of the Bench
concerned. (4)
A register of all the clerks registered under
sub-rule (2) shall be maintained in the office of the Registrar of each Bench. (5)
A legal practitioner shall have at a time not
more than two registered clerks unless the Registrar by general or special
order otherwise permits. (6)
Whenever a legal practitioner cease to employ
a registered clerk, he shall notify the fact at once to the Registrar by means
of a letter enclosing therewith the identity card issued to his clerk by the
registry, and on receipt of such letter the name of the said registered clerk
shall be struck off from the register. Except on Sundays and other public
holidays, the office of the Tribunal shall, subject to any order made by the
Chairman, remain open from 9-30 A.M. to 6 P.M. The sitting hours of the Tribunal
(including a vacation Bench) shall ordinarily be from 10.30 a.m. to 1.30 p.m.
and 2.30 p.m. to 5 p.m. subject to any general or special order made by the
Chairman, or by Vice-Chairman concerned with the prior approval of the
Chairman. (1)
The Registrar shall have the custody of the
records of the Tribunal and shall exercise such other functions as are assigned
to him under these rules or by the Chairman or the Vice-Chairman of the Bench
concerned by separate order. (2)
The Registrar may, with the approval of the
Chairman or of the Vice-Chairman of the Bench concerned delegate to the Deputy
Registrar any function or power required by these rules to be performed or
exercised by the Registrar. (3)
In the absence of the Registrar, the Deputy
Registrar may exercise all the powers and functions of the Registrar. (4)
The official seal shall be kept in the
custody of the Registrar. (5)
Subject to any general or special direction
by the Chairman, the seal of the Tribunal shall not be affixed to any order,
summons or other process save under the authority in writing of the Registrar
or the Deputy Registrar. (6)
The seal of the Tribunal shall not be affixed
to any certified copy issued by the Tribunal save under the authority in
writing of the Registrar or the Deputy Registrar. The official seal and emblem of the
Tribunal shall be such as the State Government may specify. The dress for the members of the
Tribunal (including Chairman and Vice-Chairman) and Members of the staff of the
Tribunal shall be such as the Chairman may specify. A legal practitioner or, as the case
may be, a presenting officer shall appear before the Tribunal in his
professional dress, if any and if there is no such dress. (i)
if a male, in a closed collared coat and
trousers or in a lounge suit; (ii)
if a female, in a saree or any other custody
dress of a sober colour.THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL (PROCEDURE) RULES,
1989
PREAMBLE