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  • Sections

  • Rule 1. Short title.-
  • Rule 2. Commencement.-
  • Rule 3. Definitions.-
  • Rule 4. Preparation of pleadings and other papers.-
  • Rule 5. Date and signature.-
  • Rule 6. Attestation.-
  • Rule 7. Production of authorisation for and on behalf of an Association.-
  • Rule 8. Procedure on production of defaced, torn or damaged documents.-
  • Rule 9. Receipt of papers.-
  • Rule 10. Date of stamping of papers and maintenance of Inward Register.-
  • Rule 11. Scrutiny of application/petition/other pleadings and papers.-
  • Rule 12. Maintenance of Order Sheet.-
  • Rule 13. Classification of papers.-
  • Rule 14. Submission of case files to Registrar.-
  • Rule 15. Registration and Numbering.-
  • Rule 16. Maintenance of I.P.Os./D.Ds. Register.-
  • Rule 17. Rectification of defects.-
  • Rule 18. Posting of cases for admission/orders before the Bench.-
  • Rule 19. Posting of urgent cases.-
  • Rule 20. Matters to be attended to prior to commencement of sitting.-
  • Rule 21. Maintenance of Court Diary.-
  • Rule 22. Statutes/Citations for reference.-
  • Rule 23. Calling of case in Court.-
  • Rule 24. Regulation of Court Work.-
  • Rule 25. Issue of Notice.-
  • Rule 26. Steps for issue of fresh notice.-
  • Rule 27. Consequence of failure to take steps for issue of fresh notice.-
  • Rule 28. Service of notice, etc. on Legal Practitioners.-
  • Rule 29. Form of Notice.-
  • Rule 30. Entries regarding service of notice/process.-
  • Rule 31. Case deemed to be ready on failure to file reply in time.-
  • Rule 32. Filing of rejoinder.-
  • Rule 33. Papers not to form part of the records.-
  • Rule 34. Incorporation of amendments, filing of additional reply, etc.-
  • Rule 35. Matters to be listed before the Registrar's Court.-
  • Rule 36. Cause List for Registrar's Court.-
  • Rule 37. Recording of proceedings.-
  • Rule 38. Inclusion of cases in the ready list when pleadings are complete.-
  • Rule 39. Maintenance of Ready List.-
  • Rule 40. Preparation of Warning List.-
  • Rule 41. Publication of Warning List.-
  • Rule 42. Preparation and publication of Daily Cause List.-
  • Rule 43. Carry forward of Cause List and adjournment of cases on account of non-sitting of a Bench.-
  • Rule 44. Supply of Cause List.-
  • Rule 45. Request for adjournments.-
  • Rule 46. Maintenance of Stage Register and Posting Register.-
  • Rule 47. Early hearing of cases.-
  • Rule 48. Vacation Bench sittings and posting of cases.-
  • Rule 49. Posting of Review Applications.-
  • Rule 50. Preparation and filing of paper-books on reference to the Full Bench.-
  • Rule 51. Circulation of order of Reference to other Benches.-
  • Rule 52. Seeking orders of Chairman for constitution of Full Bench and affixing date of hearing.-
  • Rule 53. Conveyance of the orders of the Chairman.-
  • Rule 54. Notification regarding Full Bench hearing.-
  • Rule 55. Circulation of Full Bench decision/opinion.-
  • Rule 56. Grant of inspection.-
  • Rule 57. Application for grant of inspection.-
  • Rule 58. Fee payable for Inspection.-
  • Rule 59. Mode of Inspection.-
  • Rule 60. Maintenance of Register of Inspection.-
  • Rule 61. Appearance of legal practitioners.-
  • Rule 62. Appearance on behalf of Government, etc.-
  • Rule 63. Nomination or engagement of another legal practitioner.-
  • Rule 64. Consent for engaging another legal practitioner.-
  • Rule 65. Restrictions on appearance.-
  • Rule 66. Access to information.-
  • Rule 67. Form and execution of vakalathnama.-
  • Rule 68. Restriction on party's right to be heard.-
  • Rule 69. Professional dress for the Advocate.-
  • Rule 70. Prohibition of employment of tout.-
  • Rule 71. Disqualification for registration of clerks.-
  • Rule 72. Registration of legal practitioner's clerks.-
  • Rule 73. Cancellation of registration.-
  • Rule 74. Notifying registration and cancellation.-
  • Rule 75. Issue of Identity Card.-
  • Rule 76. Access to information by Registered Clerks.-
  • Rule 77. Carrying out corrections.-
  • Rule 78. Discharge of duties of an absentee clerk.-
  • Rule 79. Presentation and return of papers.-
  • Rule 80. Title of affidavits.-
  • Rule 81. Form and contents of the affidavit.-
  • Rule 82. Corrections/erasures, etc.-
  • Rule 83. Persons authorised to attest.-
  • Rule 84. Affidavits of illiterate, blind, etc.-
  • Rule 85. Identification of deponent.-
  • Rule 86. Annexures to the affidavit.-
  • Rule 87. Application for production of documents, form of summons.-
  • Rule 88. Suo motu summoning of documents.-
  • Rule 89. Marking of documents.-
  • Rule 90. Return and transmission of documents.-
  • Rule 91. Procedure for examination of witnesses, issue of commissions, etc.-
  • Rule 92. Examination in camera.-
  • Rule 93. Form of oath/affirmation to witness.-
  • Rule 94. Form of oath/affirmation to interpreter.-
  • Rule 95. Officer to administer oath.-
  • Rule 96. Form-recording of deposition.-
  • Rule 97. Numbering of witnesses.-
  • Rule 98. Grant of discharge certificate.-
  • Rule 99. Witness ?bhatta? payable.-
  • Rule 100. Records to be furnished to the Commissioner.-
  • Rule 101. Taking of specimen handwriting, signature, etc.-
  • Rule 102. Order.-
  • Rule 103. Operative portion of the Order.-
  • Rule 104. Corrections.-
  • Rule 105. Pronouncement of order.-
  • Rule 106. Pronouncement of order by any one Member of the Bench.-
  • Rule 107. Authorising any Member to pronounce order.-
  • Rule 108. Making of entries by Court Officer.-
  • Rule 109. Transmission of order by the Court Officer.-
  • Rule 110. Format of order.-
  • Rule 111. Costs.-
  • Rule 112. Compliance of urgent orders.-
  • Rule 113. Placing copies/common orders.-
  • Rule 114. Indexing of case files after disposal.-
  • Rule 115. Transmission of files/records/orders.-
  • Rule 116. Copies of orders in Library.-
  • Rule 117. Form and fee of application.-
  • Rule 118. Right of the party to obtain certified copy.-
  • Rule 119. Application for copies by stranger.-
  • Rule 120. Register of copy application and requisition register.-
  • Rule 121. Copying fee.-
  • Rule 122. Scrutiny of copy application, requisitioning of case records and rectification of defects.-
  • Rule 123. Determination of additional copying fee.-
  • Rule 124. Remittance of additional copying fee.-
  • Rule 125. Order of preparation of certified copy.-
  • Rule 126. Time-limit for issue of urgent/ordinary copy.-
  • Rule 127. Notifying when copies are ready for delivery and consequence of not taking delivery.-
  • Rule 128. Proper accounting of copying fee received.-
  • Rule 129. Preparation and comparison of certified copy.-
  • Rule 130. Re-transmission of case records.-
  • Rule 131. Mode of delivery of certified copy.-
  • Rule 132. Request for certified copy by post.-
  • Rule 133. Intimation of rejection.-
  • Rule 134. Supply of free copy only once.-
  • Rule 135. Certifying of free copies.-
  • Rule 136. Time for furnishing free copies.-
  • Rule 137. Furnishing of free copy in a joint application.-
  • Rule 138. Furnishing of corrected free copy of order.-
  • Rule 139. Manner of service of order/notice issued by the Supreme Court of India.-
  • Rule 140. Steps to comply with Supreme Court directions.-
  • Rule 141. Register of S.L.Ps./Appeals.-
  • Rule 142. Placing of Supreme Court orders before Chairman/Vice-Chairman/Members.-
  • Rule 143. Circulation of the orders of the Supreme Court.-
  • Rule 144. Registrar to ensure compliance of Supreme Court Orders.-
  • Rule 145. Procedure regarding retention, preservation and destruction of records.-
  • Rule 146. Receipt, scrutiny and custody of records.-
  • Rule 147. Rectification of defects/securing of missing records.-
  • Rule 148. Maintenance of Register of records received in the record room.-
  • Rule 149. Entry regarding destruction.-
  • Rule 150. Preservation of records requiring permanent retention.-
  • Rule 151. Retention of records beyond prescribed period.-
  • Rule 152. Circuit Benches.-
  • Rule 153. Use of computers.-
  • Rule 154. Classification of cases subjectwise/departmentwise.-
  • Rule 155. Weekly and Monthly statements?furnishing of.-
  • Rule 156. Inspection of Registry.-
  • Rule 157. Due compliance with the Act, rules of procedure and the Rules of Practice.-
  • Rule 158. Removal of doubt/difficulty.-

Open Sections
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The Central Administrative Tribunal Rules of Practice, 1993

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Central Administrative Tribunal Rules of Practice, 1993[1]

???? [3rd March, 1994]

Whereas it is expedient to frame unified and consolidated Rules of Practice, the Central Administrative Tribunal in exercise of the powers conferred by Section 22 of the Administrative Tribunals Act, 1985 (Act 13 of 1985) and all other powers thereunto enabling it to frame Rules to regulate its own practice and procedure, hereby makes the following Rules of Practice in supersession of all the existing orders, regulations and notifications on the subject:?

Chapter I

PRELIMINARY

Rule 1. Short title.-

These rules may be called the Central Administrative Tribunal Rules of Practice, 1993.

Rule 2. Commencement.-

(a)     These Rules shall, after their publication in the Official Gazette, come into force on 1st November, 1993.

 

(b)     These Rules shall apply, as far as may be, to all proceedings pending in the Central Administrative Tribunal on the date of their commencement.

Chapter II

Rule 3. Definitions.-

In these rules, unless there is anything repugnant to the subject or context:

(i)      ?Address for service? shall mean the address furnished by a party or his authorised agent, or his legal practitioner at which service of summons, notices or other processes may be effected;

 

(ii)     ?Application? means and includes Original Application (?O.A.?), Review Application (?R.A.?), Transferred Application (?T.A.?), Miscellaneous Application (?M.A.?) and Petition for Transfer (?P.T.?);

 

(iii)    ?Act? and ?Procedure Rules? shall mean the Administrative Tribunals Act, 1985 (Act 13 of 1985) and the Central Administrative Tribunal (Procedure) Rules, 1987 as amended from time to time;

 

(iv)    ?Code? means the Code of Civil Procedure, 1908, as amended from time to time;

 

(v)     ?Full Bench? means a Bench duly constituted consisting of three or more Members;

 

(vi)    ?Legal Practitioner? includes a standing counsel authorised to accept the service for any department or organisation of the Central Government/State Government or any authority, a Corporation, a body owned or controlled by the Central Government/State Government;

 

(vii)   ?Pleadings? shall include original applications, reply statements, rejoinders and additional statements supplementing the original applications and the reply statements, as may be permitted by the Tribunal;

 

(viii)  ?Vacation Bench? means a Bench duly constituted for discharging the functions of the Tribunal during the vacation;

 

(ix)    Words not defined in these rules shall have the same meaning as assigned in the Act and the Procedure Rules.

Chapter III

PREPARATION AND PRESENTATION OF PLEADINGS AND OTHER PAPERS

Rule 4. Preparation of pleadings and other papers.-

(a)     All pleadings, affidavits, memoranda and other papers filed in the Tribunal shall be fairly and legibly typewritten or printed in English or Hindi Language on durable transparent foolscap 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 and stitched together in the paper-book form. The index shall be in Form, 1.

 

(b)     English translation of documents/pleadings shall be duly authenticated by any legal practitioner.

Rule 5. Date and signature.-

A party required to affix his signature shall also state his name in capitals near his signature and initial or sign at the bottom of each page.

Explanation.-The expression ?signature? or ?initial? includes thumb mark.

Rule 6. Attestation.-

(a)     The attestation contemplated in Rule 9(2) of Procedure Rules 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 Attestor with date?.

(b)     Sub-rule (a) above shall also govern production of Xerox copies of the documents, provided they are clear and legible.

Rule 7. Production of authorisation for and on behalf of an Association.-

Where an application/pleading or other proceeding purported to be filed is by an Association, the person or persons who sign(s)/verify(ies) the same shall produce along with such application, etc., for verification by the Registry, a true copy of the resolution of the Association empowering such person(s) to do so:

Provided the Registrar may at any time call upon the party to produce such further materials as he deemed fit for satisfying himself about due authorisation.

Rule 8. Procedure on production of defaced, torn or damaged documents.-

When a document produced along with any pleading appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialled by the officer authorised to receive the same.

Rule 9. Receipt of papers.-

(a)     All pleadings and papers shall be received in the Registry only during the office hours on the working days, provided they are presented or sent in the manner provided in Rule 4(1) of the Procedure Rules.

 

(b)     All pleadings and papers received before 3 p.m. in which urgent interim orders are sought, shall ordinarily be processed immediately for being listed before the Bench on the next working day.

Rule 10. Date of stamping of papers and maintenance of Inward Register.-

(a)     The receiving branch of the Registry shall immediately on receipt of an application/petition or other pleadings or papers, affix the date-stamp of the Tribunal in the following manner:

 

(i)      Date-stamp shall be affixed on all pages on the main/first copy and on the first page of each other copy.

 

(ii)     Receiving Clerk shall affix his initials on the stamp affixed on the first page of the main/first copy and on the first page of all other copies.

 

(b)     Receiving branch of the Registry shall on affixing the date-stamp, enter the details thereof in the Inward Register, Register No. 1 and assign a Diary Number. The same Diary Number shall be entered immediately below the date-stamp on the first page of the main/first copy and all other copies.

Chapter IV

SCRUTINY, REGISTRATION, NUMBERING AND POSTING FOR ADMISSION/ORDERS

Rule 11. Scrutiny of application/petition/other pleadings and papers.-

(a)     The Scrutiny Branch of the Registry shall, on receipt of the application/petition/pleadings from the receiving branch, scrutinise the same as expeditiously as possible but not beyond two days from the date of receipt:

Provided if, for any reason, the scrutiny is not completed within the above period, the same shall be immediately reported to the Registrar, who shall take prompt steps to complete the scrutiny.

(b)     The report of the scrutiny of the application under Section 19 of the Act shall be in Form, 2 and of Contempt Petition (C.P.) (Civil/Criminal) in Form, 3 and the scrutiny report shall be annexed to the application/petition.

 

(c)     Report of scrutiny of all other pleadings and papers shall be recorded on the reverse side of the last page of such pleadings/papers.

Rule 12. Maintenance of Order Sheet.-

The Scrutiny Branch shall attach to every OA/RA/TA/PT/CP an order sheet in duplicate in Form, 4. The column ?Notes of the Registry? in the order sheet shall be for the notings by the Registry and the column ?Orders of the Tribunal? is meant for the use of the Bench.

Notes

(1)     The entries in the order sheet shall be in writing and removal of the order sheet for typing be avoided.

 

(2)     Continuous page numbers should be given to the order sheet.

 

(3)     Before any entry is made in the order sheet for the day, the date, month and year shall first be entered and underlined in the middle of the column.

 

(4)     Brief order may be written on the order sheet itself and initialled by the Members of the Bench.

 

(5)     In the case of lengthy orders, only the operative portion of the order need be entered in the column, ?Orders of the Tribunal? and initialled by the Court Officer. The orders shall be annexed to the order sheet giving them continuous paging. Reference to the order shall be made by mentioning only page number of the order annexed.

 

(6)     The presence of the legal practitioner/party be indicated by their initials.

 

(7)     No gaps shall be left between two entries in the order sheet. Gaps, if any, shall be covered by drawing a line across.

Rule 13. Classification of papers.-

(a)     The papers received in the Registry in all applications and C.Ps. except Miscellaneous Applications, shall be classified and placed in files ?A?, ?B? and ?C? as provided in Form, 5.

 

(b)     ?A? File shall consist of two separate parts. Part-I shall contain the order sheet and orders annexed thereto. Part-II shall contain the application with annexures, reply with annexures and rejoinder with annexures and arranged as far as possible consecutively in the order of the parties.

 

(c)     ?B? File shall contain the duplicate copy of the papers as in ?A? File.

 

(d)     ?C? File shall contain the remaining papers including Vakalathnama, notices, postal acknowledgements, Miscellaneous Applications, Replies and Rejoinders thereto and Supreme Court orders, etc. if any.

Rule 14. Submission of case files to Registrar.-

On completion of the scrutiny, the Scrutiny Branch shall place the case file duly classified as ?A?, ?B? & ?C? along with the report of scrutiny and the order sheet before the Registrar for his orders.

Rule 15. Registration and Numbering.-

(i)      The Registrar on examining the application/pleadings and the scrutiny report shall, if they are in order, direct registration/acceptance.

 

(ii)     Applications under Section 19 of the Act ordered to be registered shall be numbered as O.A. No. ??/199.

 

(iii)    Cases received on transfer under Section 29 of the Act shall be numbered as T.A. No?? ./199.

Explanation.-Applications received from the Supreme Court, High Courts and other Courts purporting to be by transfer but not covered by Section 29 of the Act shall be numbered as Original Applications of the year during which they are received.

(iv)    Applications for review of any order of the Tribunal ordered to be registered shall be numbered as R.A. No??../199.

 

(v)     Petitions under the Contempt of Courts Act ordered to be registered, shall be numbered as C.P. (Civil/Criminal) No?? ./199.

 

(vi)    Applications under Section 25 of the Act ordered to be registered shall be numbered as P.T. No??../199.

 

(vii)   Other applications of Miscellaneous nature not covered by sub-rules (b) to (f) above, ordered to be registered shall be numbered as M.A. No?? ./199.

 

(viii)  Applications/petitions referred to in this rule shall be entered in Register No. 2. Separate registers shall be used for each category of application/petition referred to in this rule. The Registers shall be maintained from 1st January to 31st December of each calendar year.

Rule 16. Maintenance of I.P.Os./D.Ds. Register.-

(a)     I.P.Os./D.Ds. received in the Registry shall be entered immediately on their receipt in the Judicial Branch in Register No. 3.

 

(b)     On every first working day of the week, the I.P.Os./D.Ds. received by the Judicial Branch during the previous week shall be transmitted along with the I.P.Os./D.Ds. Register to the Section Officer incharge of Judicial Branch, who after scrutiny shall affix his initials in the relevant column in the Register and transmit the same to the Cash Section. The official incharge of Cash Section shall, after verifying the entries in the Register along with the I.P.Os./D.Ds. put his initials in the relevant column in the Register in token of acknowledgement.

Rule 17. Rectification of defects.-

(a)     If on scrutiny any application or pleading filed in the Tribunal is found to be defective, the Registrar shall notify in Form, 6 on the Notice Board of the Tribunal fixing the time for rectifying the same.

 

(b)     The papers shall be returned to the party or his legal practitioner only after obtaining acknowledgement thereof in the Inward Register.

 

(c)     The Registrar may, for good and sufficient reasons, extend the time for rectifying the defects, provided the total period for rectification including the extended period does not exceed thirty days.

 

(d)     If the party or his legal practitioner contests the office objection and the Registrar is not satisfied, the matter shall be placed before the Bench for appropriate orders.

 

(e)     If the party/legal practitioner rectifies the defects and re-presents the application/pleading within the time granted, the Registrar on being satisfied, may order for its registration/acceptance and numbering as provide in Rule 15.

Rule 18. Posting of cases for admission/orders before the Bench.-

(a)     Subject to the orders of the Chairman/Vice-Chairman of the concerned Bench, all registered applications/petitions shall be posted for admission/orders before the appropriate Bench on the next working day. The notice of posting shall be given by notifying in the daily cause list for the day.

 

(b)     Before placing the records of the case for admission/order, the Registry shall state in brief in the column ?Notes of the Registry? of the Order Sheet, the date of presentation and registration, the subject-matter of the application and the date of posting before the Bench and fill up the columns in file covers ?A? and ?B?.

 

(c)     The category of cases specified in Appendix-I to these Rules as may be amended by the Chairman from time to time, may as far as possible be posted before the Single-Member Bench and dealt with in accordance with the procedure prescribed therein.

 

(d)     The constitution of Benches and distribution of work shall be as per the orders/directions given in Appendix-II to these Rules, as may be modified by the Chairman from time to time.

Rule 19. Posting of urgent cases.-

(a)     Notwithstanding anything contained in Rule 18, the Chairman/Vice-Chairman 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/orders. Such directions shall be promptly carried out by the Registry after completing all the formalities.

 

(b)     When a Division Bench is not available, urgent cases for admission and interim orders may be posted before a Single-Member Bench who shall deal with the same in accordance with the order of the Chairman as in Appendix-III as may be amended from time to time.

Rule 20. Matters to be attended to prior to commencement of sitting.-

(a)     Unless otherwise directed by the Members constituting the Bench, the Court Officer shall ensure that records of the cases listed for admission/orders before the Bench on the next working day are sent to the residence of the Members before the evening of the day on which the cause list is published.

 

(b)     The Court Officer shall ensure that the case records so sent to the residence of the Members are brought back to the concerned Court Hall before the commencement of the Court sitting. The Court Officer shall verify the case records listed for the day and arrange them in the serial order as given in the cause list well before the commencement of the sitting.

 

(c)     The Court Officer of the Bench concerned shall ensure that the Court Hall is ready for commencement of the sitting at the prescribed time for such sitting.

 

(d)     If for any reason, the Bench cannot sit or the sitting is delayed, the Registrar shall promptly obtain the orders of the Chairman/Vice-Chairman and notify the same on the Notice Board and in the Court Hall through the Court Officer.

Rule 21. Maintenance of Court Diary.-

(a)     The Court Officer of the Bench concerned shall maintain legibly a Court Diary in Register No. 4, wherein he shall record the proceedings of the Court for each sitting day with respect to the applications/petitions listed in the daily cause list.

 

(b)     The matters to be recorded in the Court Diary shall include details as to whether the case is adjourned, or part-heard or heard and disposed of or heard and orders reserved, as the case may be.

Rule 22. Statutes/Citations for reference.-

The parties/legal practitioners shall before the commencement of the proceedings for the day, furnish to the Court Officer a list of law journals, reports, statutes and other citations, which may be needed for reference.

Rule 23. Calling of case in Court.-

Subject to the orders of the Bench, the Court Officer shall call the cases listed in the cause list in serial order.

Rule 24. Regulation of Court Work.-

(a)     When the Court is sitting, the Court Officer shall ensure:?

 

(i)      that no inconvenience or wastage of time is caused to the Bench in making available the services of Court Master/Stenographer/Peon;

 

(ii)     that perfect silence is maintained in and around the Court Hall and no disturbance whatsoever is caused to the functioning of the Bench;

 

(iii)    that proper care is taken to maintain dignity and decorum of the Court.

 

(b)     When the Bench passes orders/directions, the Court Officer shall ensure that the records of the case along with proceedings/orders of the Bench are transmitted immediately to the Judicial Branch. The Judicial Branch shall verify the case records received from the Court Officer with reference to the cause list and take immediate steps to communicate the directions/orders of the Bench.

Chapter V

SERVICE OF NOTICE

Rule 25. Issue of Notice.-

(a)     Unless otherwise ordered by the Tribunal, when notice is ordered, the applicant shall, in cases governed by Rule 11(6) of the Procedure Rules, pay the prescribed fee for service of notice accompanied by a memo in Form, 7 within seven days from the date of order. In default, no notice shall be issued to any of the respondents and the matter shall be placed immediately before the Bench for appropriate orders.

 

(b)     Where the notice is returned to the Tribunal with an endorsement of the postman regarding non-service owing to refusal of the same by the party concerned, the Registrar shall declare that the notice has been duly served on the respondent.

 

(c)     Where the notice was properly addressed, prepaid and duly sent by registered post, acknowledgment due, the declaration referred to in sub-rule (b) shall be made when for any reason the acknowledgment is not received by the Tribunal within thirty days from the date of issue of the notice.

Rule 26. Steps for issue of fresh notice.-

If any notice is returned unserved in the circumstances not specified in sub-rules (b) and (c) of Rule 25, that fact and the reason therefor shall be notified immediately on the notice board of the Registry. The applicant/petitioner or his Legal Practitioner shall within seven days from the date of such notification take steps for service of notice.

Rule 27. Consequence of failure to take steps for issue of fresh notice.-

If the applicant/petitioner fails to take necessary steps in time for service of notice on the respondent(s) and consequently, the service remains incomplete, the Registrar shall post the case before the Bench for further directions.

Rule 28. 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. Such service shall be deemed to be proper service on the party.

Rule 29. Form of Notice.-

Notice to show cause regarding admission shall be in Form, 8. Notice ordered after admission shall be in Form, 9.

Rule 30. Entries regarding service of notice/process.-

The Judicial Branch of the Registry shall record in the column in the order sheet ?Notes of the Registry?, the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice if unserved, steps taken for issuing fresh notice and date of completion of service, etc.

Chapter VI

FILING OF REPLY STATEMENT/REJOINDER

Rule 31. Case deemed to be ready on failure to file reply in time.-

When all or any of the respondent(s) fail(s) to file reply statement in the form and in the manner provided under Rule 12 of the Procedure Rules within the time granted, the case shall be deemed to be ready for hearing and included in the ready list for final hearing.

Rule 32. Filing of rejoinder.-

(a)     The applicant(s) intending to file rejoinder to the reply statement filed by all or any of the respondent(s) shall do so, with the leave of the Bench/Registrar within the time granted. The rejoinder shall be filed within the time granted, duly signed and verified in the manner prescribed for filing reply statement under Rule 12 of the Procedure Rules.

 

(b)     After the expiry of the time granted for filing the rejoinder, the case shall be deemed to be ready for hearing and included in the ready list for final hearing.

Rule 33. Papers not to form part of the records.-

(a)     Except with the leave of the Tribunal, the following shall not form part of the records of the case:?

 

(i)      Reply statement filed after the expiry of the time granted for the purpose.

 

(ii)     Rejoinder filed without the leave of the Bench/Registrar or filed after the expiry of the time granted.

 

(iii)    Additional pleadings filed without the leave of the Bench/Registrar or filed after the expiry of the time granted.

 

(b)     The above papers treated as not forming part of the record shall be notified on the Notice Board of the Registry requiring the party to take them back within four weeks from the date of the Notification, failing which the Registry shall take steps to destroy the same.

Rule 34. Incorporation of amendments, filing of additional reply, etc.-

When the Tribunal allows a prayer for amendment of the pleadings or for addition of parties, the same shall be carried out in red ink indicating the date of the order and duly signed by the party/legal practitioner, who has obtained the order, within the time granted for the purpose by the order or if no time is thereby limited then, within 14 days from the date of the order. If however, the Bench or the Tribunal has directed furnishing a fresh copy incorporating the amendments/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. In default, the Registry shall place the matter before the Bench for orders.

Chapter VII

PROCEEDINGS BEFORE REGISTRAR'S COURT

Rule 35. Matters to be listed before the Registrar's Court.-

Once an application/petition is admitted and notice ordered, the same shall be posted before the Registrar for completion of pleadings.

Rule 36. Cause List for Registrar's Court.-

Cases required to be dealt with by the Registrar shall be notified in a separate Daily Cause List. The cases so notified shall be taken up in the Registrar's Court in the serial order as indicated in the cause list.

Rule 37. Recording of proceedings.-

On hearing the parties/their Legal Practitioners and on perusing the records the Registrar may record his decisions in the column ?Notes of the Registry? in the order sheet and put his initials with date.

Rule 38. Inclusion of cases in the ready list when pleadings are complete.-

If the pleadings are complete or if the case is deemed to be ready for hearing, the Registrar shall record the same in the order sheet for inclusion in the list of cases ready for final hearing.

Chapter VIII

PREPARATION OF READY LIST, WARNING LIST, DAILY CAUSE LIST AND POSTING OF CASES

Rule 39. Maintenance of Ready List.-

The Judicial Branch of the Registry shall maintain separate registers in Register Form, 5 for each category of cases which are ready for hearing. The registers shall contain separate sections for each year. Inclusion of cases in the register shall be yearwise and in the order in which they become ready for hearing.

Rule 40. Preparation of Warning List.-

(a)     From the Ready List, the Registry shall prepare for each category of cases, a separate list called ?Warning List? consisting of such number of cases as may be sufficient in the opinion of the Registrar, for being posted for hearing for a period of two weeks.

 

(b)     Cases in the Warning List shall be arranged according to the year and number of registration and not on the basis of their serial number in the Ready List, oldest among the cases be included first followed by the next oldest and so on.

Rule 41. Publication of Warning List.-

(a)     The Judicial Branch of the Registry shall publish the Warning List on the Notice Board of the Registry on the last working day previous to the 1st and 15th of every month.

 

(b)     The total number of cases to be included in each Warning List as fixed by the Registrar shall, as far as possible, be maintained by adding at the bottom of the list, such number of cases as are required to make good the deficiency, having regard to the number of cases transferred to the Daily Cause List.

 

(c)     From the Warning List so published, sufficient number of cases shall be taken for inclusion in the Daily Cause List in the order in which they appear in the Warning List, subject to the orders of the Chairman/Vice-Chairman/Bench.

Rule 42. Preparation and publication of Daily Cause List.-

(a)     The Judicial Branch of the Registry shall prepare and publish on the Notice Board of the Registry before 5.30 p.m. on each working day the Cause List for the next working day. Subject to the directions of the Chairman/Vice-Chairman/Bench listing of cases in the Daily Cause List shall be in the following order:?

 

(i)      Cases for ?Pronouncement of Orders?.

 

(ii)     Cases ?For being spoken to?.

 

(iii)    Cases for ?Admission?.

 

(iv)    Cases for ?Orders/Directions?.

 

(v)     Contempt Petitions.

 

(vi)    Part-heared cases, latest part-heard having precedence.

 

(vii)   Cases posted as per directions of the Court.

 

(viii)  Cases from the ?Warning List?.

 

(b)     The title of the Daily Cause List shall consist of the name of the Bench, the day, date and time of the Court sitting, Court Hall number and the Coram indicating the names of the Chairman/Vice-Chairman/Member constituting the Bench with abbreviations in brackets (J) for Judicial and (A) for Administrative.

 

(c)     Against the number of each case listed in the Warning List and in the Daily Cause List, the following shall be shown:?

 

(i)      Names of Legal Practitioners appearing on both sides, giving in brackets the rank of the parties whom they represent.

 

(ii)     Names of the parties, if unrepresented with their ranks in brackets.

 

(d)     Office objections and special directions, if any, shall be briefly indicated in the Daily Cause List below the case number.

Rule 43. Carry forward of Cause List and adjournment of cases on account of non-sitting of a Bench.-

(a)     If by reason of declaration of holiday or for any other reason, the Bench does not function for the day, the Daily Cause List for that day shall unless otherwise directed be treated as the Daily Cause List for the next working day in addition to the cases already posted for that day.

 

(b)     When the sitting of a particular Bench is cancelled for the reason of absence of Member(s) of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted before that Bench to a convenient date. The adjournment/posting/directions shall be notified on the Notice Board.

Rule 44. Supply of Cause List.-

(a)     Two copies of fortnightly Warning List and Warning List/Daily Cause List shall be furnished to the Advocates/Bar Association of Central Administrative Tribunal for publication on their Notice Board.

 

(b)     Copies of the Warning List/Daily Cause List may be furnished to the Legal Practitioners on payment of fees at the rate specified below:?

 

I.        Daily Cause List:

Per Bench (consisting of two Members) Rs. 240 p.a.

II.      Warning List:

Per Bench (consisting of two members) Rs. 100 p.a.

(c)     Application for supply of Warning/Daily Cause Lists 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 not less than a week before the date from which supply is to commence.

 

(d)     The rates specified above shall be subject to such modifications as may be made by the Chairman from time to time.

Rule 45. Request for adjournments.-

Unless the Bench otherwise permits, requests for adjournments of the cases listed in the Daily Cause List shall be entertained only at the beginning of the session.

Rule 46. Maintenance of Stage Register and Posting Register.-

(a)     The Judicial Branch of the Registry shall maintain a Stage Register in Form Register No. 6 for each category of applications/petitions from the stage of first posting till disposal.

 

(b)     Posting Register shall be maintained in Form Register No. 7.

 

(c)     All orders regarding clubbing of cases shall be entered in the order sheets of all the cases required to be clubbed together and posted accordingly.

 

(d)     The Section Officer concerned shall ensure that the aforesaid registers are promptly and properly maintained and the directions of the Bench faithfully carried out.

Rule 47. Early hearing of cases.-

If early hearing of a case out of turn is required, the party/Legal Practitioner shall make an application stating the reasons therefor in Form III of the Procedure Rules, after serving copy thereof to the other parties. The application shall, if in order, be listed before the Chairman or in his absence the Vice-Chairman nominated by him in the case of the Principal Bench and before the Vice-Chairman and in his absence before the seniormost available Member in the case of other Benches.

Rule 48. Vacation Bench sittings and posting of cases.-

(a)     When the Tribunal is closed for vacation, the Vacation Bench shall sit on such days as the Chairman in the case of Principal Bench and Vice-Chairman in the case of other Benches and in his absence the seniormost Member available, may specify.

 

(b)     During the vacation only matters which are required to be immediately or promptly dealt with, shall be received in the Registry. The Registrar, on being satisfied about urgency, shall order registration and posting of such cases.

 

(c)     During the vacation, the Registrar may accept replies, rejoinders to O.As., R.As., etc. provided a copy of the same has been served on all the other parties/Legal Practitioners.

 

(d)     Inspection of records may be permitted during the vacation according to the Rules.

 

(e)     Certified copies may also be supplied during the vacation according to the Rules.

Chapter IX

POSTING OF REVIEW APPLICATIONS

Rule 49. Posting of Review Applications.-

Posting of Review Applications shall be governed by the order made by the Chairman as contained in Appendix IV subject to such modifications as may be made by the Chairman from time to time.

Chapter X

FULL BENCH MATTERS

Rule 50. Preparation and filing of paper-books on reference to the Full Bench.-

When a Division Bench of the Tribunal makes an order referring the case/issues to a Full Bench, the applicant or such other party, as the Bench directs, shall furnish in paper-book form duly indexed and continuously paginated three/five sets (depending upon the number of Members of the Full Bench) for the use of the Bench and one set to each of the parties/or their Legal Practitioners on the other side, within two weeks or such other time as the Bench may direct, arranging the papers in the following order:

Page No.

(i)      Index.

 

(ii)     Written chronology of events/orders relevant to the case.

 

(iii)    Order of Reference.

 

(iv)    Memo of Parties.

 

(v)     Application/Petition.

 

(vi)    Annexures to the application/petition.

 

(vii)   Reply by each respondent in the order of their ranking.

 

(viii)  Annexures at the end of reply of each respondent.

 

(ix)    Rejoinder, if any.

 

(x)     Annexures to Rejoinder, if any.

 

(xi)    Other relevant papers with description and date:

Provided that if the same Legal Practitioner appears for more than one party, only one set of paper-book need be furnished to him.

Rule 51. Circulation of order of Reference to other Benches.-

The Registrar of the Referring Bench shall send a copy of the order of reference to all the other Benches of the Tribunal for information.

Rule 52. Seeking orders of Chairman for constitution of Full Bench and affixing date of hearing.-

The Registrar of the Referring Bench shall forward a copy of the Order of Reference to the Registrar of the Principal Bench for securing orders of the Chairman for constitution of the Full Bench and fixing the date of hearing.

Rule 53. Conveyance of the orders of the Chairman.-

The Registrar of the Principal Bench shall, on receipt of the request as aforesaid, obtain the orders of the Chairman and convey the same to the Registrar of the Referring Bench.

Rule 54. Notification regarding Full Bench hearing.-

The Registrar of the Referring Bench shall, immediately on receipt of orders of the Chairman, notify the parties/Legal Practitioners the date of hearing of the case by the Full Bench.

Rule 55. Circulation of Full Bench decision/opinion.-

The Registrar of the Referring Bench shall circulate the opinion/decision rendered by the Full Bench to all other Benches of the Tribunal.

Chapter XI

INSPECTION OF RECORDS

Rule 56. Grant of inspection.-

Inspection of records of a pending or decided case before the Tribunal shall be allowed only under the orders of the Registrar.

Rule 57. Application for grant of inspection.-

(a)     Application for inspection of records as provided under sub-rule (1) or sub-rule (2) of Rule 23 of the Procedure Rules, shall be in Form, 10 and presented at the filing counter of the Registry between 10 a.m. and 3 p.m. on any working day, two days before the date on which inspection is sought, unless otherwise permitted by the Registrar.

 

(b)     The Judicial Branch of the Registry shall submit the application with its remarks before the Registrar, who shall on consideration of the same pass appropriate orders.

 

(c)     Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on the preceding day.

Rule 58. Fee payable for Inspection.-

(a)     No fee shall be charged for inspection of records of a pending case by a party to the case or his legal practitioner.

 

(b)     A fee of Rs. 5 shall be payable by way of D.D./I.P.O. drawn in favour of the Registrar on any application for inspection of records of a decided case by a party to the case or his Legal Practitioner.

 

(c)     A fee of Rs. 5 shall be payable by way of a D.D./I.P.O. 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 59. Mode of Inspection.-

(a)     On grant of application for inspection of the records, the Section Officer in-charge of the Judicial Branch shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the Registrar between 10 a.m. and 12.30 p.m. and between 2.30 p.m. and 4.30 p.m. in the presence of an officer authorised in that behalf.

 

(b)     The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection.

 

(c)     The person inspecting the records shall not make any marking on any record or paper so inspected. Copying, if any, of the documents/records inspected may be done only in pencil.

 

(d)     The officer supervising the inspection may at any time prohibit further inspection, if in his opinion any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions of these Rules and shall immediately make a report about the matter to the Registrar and seek further orders of the Registrar. Note about the same shall be made in column (8) of the Inspection Register.

Rule 60. Maintenance of Register of Inspection.-

The Section Officer in-charge of the Judicial Branch shall cause to maintain a Register in Form, 8 for the purpose of inspection of documents/records and shall obtain therein the signature of the person making such inspection.

Rule 61. Appearance of legal practitioners.-

Subject as hereinafter provided no legal practitioner shall be entitled to appear and act in any proceedings before the Tribunal unless he files into Tribunal a vakalathnama in the prescribed form duly executed by or on behalf of the party for whom he appears.

Chapter XII

LEGAL PRACTITIONERS BEFORE THE TRIBUNAL

Rule 62. Appearance on behalf of Government, etc.-

(a)     Any legal practitioner appearing on behalf of the Central Government or State Government or any government servant sued or suing in his official capacity or any authority/corporation/society notified under Section 14 of the Act shall not be required to file a vakalathnama but he shall file into Tribunal a Memo of Appearance in Form, 11 duly signed by him.

 

(b)     A presenting officer other than a legal practitioner representing any of the parties referred to in sub-rule (a) shall also file a memo of appearance in Form, 11.

Rule 63. Nomination or engagement of another legal practitioner.-

Where a legal practitioner who has filed the vakalathnama engages or nominates another legal practitioner to appear or 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 64. Consent for engaging another legal practitioner.-

A legal practitioner proposing to file a vakalathnama 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 65. Restrictions on appearance.-

A legal practitioner who has tendered advice in connection with the institution of any case or other proceeding before the Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not appear in any case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his former client, except with the prior permission of the Tribunal.

Rule 66. Access to information.-

A legal practitioner appearing for the party in any matter before the Tribunal shall be entitled to communicate personally with or receive any information regarding the said matter from any officer of the Tribunal subject to such conditions as may be prescribed by the Tribunal.

Rule 67. Form and execution of vakalathnama.-

(a)     Every vakalathnama authorising a legal practitioner to plead and act shall be in Form, 12. The name of the legal practitioner so appointed shall be inserted in the vakalathnama before it is executed. It shall be dated at the time of its execution and of its acceptance. Its execution shall be attested by a Judicial Officer, Gazetted Officer serving in connection with the affairs of the Union or of any State in India or a legal practitioner other than the legal practitioner accepting the vakalathnama.

 

(b)     The authority attesting the vakalathnama under sub-rule (a) shall certify that it has been duly executed in his presence and subscribe his signature giving his name and designation. Attestation shall be made only after the name of the legal practitioner is inserted in the vakalathnama before its execution. When a vakalathnama is executed by a party who appears to be illiterate, blind or unacquainted with the language of the vakalathnama, the attestor shall certify that the vakalathnama was read, translated and explained in his presence to the executant, that he seemed to understand it and that he signed or affixed his thumb mark in his presence.

 

(c)     Every vakalathnama shall contain an endorsement of acceptance by the legal practitioner in whose favour it is executed and shall also bear his address for service. If the vakalathnama 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.

Rule 68. Restriction on party's right to be heard.-

The party who has engaged a legal practitioner to appear for him before the Tribunal shall not be entitled to be heard in person unless he withdraws the vakalathnama with the leave of the Tribunal.

Rule 69. Professional dress for the Advocate.-

While appearing before the Tribunal, the Advocate shall wear the same professional dress as prescribed for appearance before the High Court.

Chapter XIII

REGISTERED CLERKS OF LEGAL PRACTITIONERS

Rule 70. Prohibition of employment of tout.-

No legal practitioner shall employ as his clerk any person who is a tout.

Explanation.-?Tout? means a person who procures or attempts to procure for any consideration from any legal practitioner or from any person acting on his behalf, the employment of such legal practitioner in any legal business, or who, for purposes of such procurement, frequents the precincts of the Tribunal.

Rule 71. Disqualification for registration of clerks.-

No person who is or has been declared a tout or is an undischarged insolvent or has been convicted of an offence involving moral turpitude or has been dismissed from the service of the Government for corruption or dishonesty or is otherwise unfit to be a clerk shall be registered as legal practitioner's clerk as provided in Rule 25(1) of the Procedure Rules.

Rule 72. Registration of legal practitioner's clerks.-

(a)     When an application in Form IV of the Procedure Rules is made by the legal practitioner for registration of his clerk and the same is allowed by the Registrar, the name of the clerk shall be entered in the Register of Clerks in Register No. 9.

 

(b)     The Register may, for reasons to be recorded in writing, decline to register any clerk, who in his opinion suffers from any disqualification specified in Rule 71 or is otherwise unsuitable to be registered as such.

 

(c)     An appeal may be filed within thirty days from the date of the order of the Registrar under sub-rule (b) to the Chairman/Vice-Chairman.

Rule 73. Cancellation of registration.-

(a)     The Registrar may, for reasons to be recorded in writing, cancel the registration of any clerk after giving him and his employer an opportunity to show cause against such cancellation.

 

(b)     An appeal may be filed against the order of the Registrar made under sub-rule (a) within thirty days from the date of the order.

Rule 74. Notifying registration and cancellation.-

Orders registering a clerk or cancelling the registration shall be notified on the Notice Board of the Tribunal and a copy sent to the Advocates' Association.

Rule 75. Issue of Identity Card.-

(a)     An Identity Card as referred to in sub-rule (3) of Rule 25 of the Procedure Rules shall be issued in Form, 13 to every registered clerk of the legal practitioner on his remitting a fee of Rs. 5 by way of I.P.O./D.D. drawn in favour of the Registrar.

 

(b)     The registered clerk shall carry with him the Identity Card and produce the same when required by any official of the Registry for identification.

 

(c)     An Identity Card once issued shall be in force for a period of five years unless cancelled earlier.

Rule 76. Access to information by Registered Clerks.-

The Registered Clerks may communicate personally with any Sectional or Departmental Head not below the rank of a Section Officer for information regarding their employers' matters pending in the Tribunal.

Rule 77. Carrying out corrections.-

The Section Officer in-charge of Judicial Branch may permit a registered clerk to correct any clerical or typographical mistake in any pleadings or other proceedings. The correction shall be made in the presence of the Section Officer and duly initialled by the maker as well as the Section Officer.

Rule 78. Discharge of duties of an absentee clerk.-

In case of illness or absence on leave of a registered clerk, the Deputy Registrar or the Sectional Head of the Judicial Branch may on requisition of the legal practitioner under whom such registered clerk is engaged, permit the registered clerk of another legal practitioner to discharge the absentee's duties for a specified period.

Rule 79. Presentation and return of papers.-

Registered clerk may present or take return of papers on behalf of the legal practitioner whom he represents.

Chapter XIV

AFFIDAVITS

Rule 80. Title of affidavits.-

Every affidavit shall be entitled ?In the Central Administrative Tribunal, ??? Bench at ????? followed by the cause title of the application or other proceeding in which the affidavit is sought to be used.

Rule 81. Form and contents of the affidavit.-

(a)     Every affidavit shall be drawn up in Form, 14 in the first person and divided into paragraphs numbered consecutively.

 

(b)     Every affidavit shall contain the full name, occupation, age, father's/mother's/husband's name and address of the deponent. The deponent shall be described with such other particulars as may be necessary to identify him. He shall affix his signature/mark on each page.

Rule 82. Corrections/erasures, etc.-

Corrections, erasures and interlineations shall be initialled by the attestor and the number of corrections made on each page indicated.

Rule 83. 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, the Chief Ministerial Officer of any civil or criminal court in the State or any Advocate.

Rule 84. Affidavits of illiterate, blind, etc.-

Where an affidavit is sworn or affirmed by any person who appears to be illiterate, blind or unacquainted with the language in which the affidavit is written, the attestor shall certify that the affidavit was read, explained or translated by him in his presence to the deponent and that he seemed to understand it, and made his signature or mark in the presence of the attestor in Form, 15.

Rule 85. Identification of deponent.-

If the deponent is not known to the attestor, his identity shall be testified by a person known to him. The identifying person shall affix his signature in token thereof.

Rule 86. Annexures to the affidavit.-

Document accompanying an affidavit shall be referred to therein as Annexure No?? . The attestor shall make the following endorsement thereon:

?This is the document marked as Annexure No????.. in the Affidavit of ???? ..

(Signature)

Name & designation of theattestor with date?.

Chapter XV

DISCOVERY, PRODUCTION AND RETURN OF DOCUMENTS

Rule 87. Application for production of documents, form of summons.-

(a)     Except otherwise provided hereunder, discovery, production and return of documents shall be regulated by the provisions of the Code of Civil Procedure, 1908.

 

(b)     An application for summons to produce documents shall be in Form III to the Procedure Rules setting out (i) the document/s the production of which is sought (ii) the relevancy of the document/s and (iii) in case where the production of a certified copy would serve the purpose, whether application was made to the proper officer and the result thereof.

 

(c)     A summons for production of documents in the custody of a public officer other than a Court shall be in Form, 16 and shall be addressed to the concerned Head of the Department or such other authority as may be specified by the Tribunal.

Rule 88. Suo motu summoning of documents.-

Notwithstanding anything contained in these Rules, the Tribunal may, suo motu, issue summons for production of public documents or other documents in the custody of a public officer.

Rule 89. Marking of documents.-

(a)     The documents when produced shall be marked as follows:?

 

(i)      If relied upon by the applicant's side they shall be numbered as ?A? series.

 

(ii)     If relied upon by the respondent's side they shall be marked as ?R? series.

 

(iii)    The court exhibits shall be marked as ?C? series.

 

(b)     The Tribunal may direct the applicant to deposit in Tribunal by way of I.P.O./D.D. drawn in favour of the Registrar a sum sufficient to defray the expenses for transmission of the records before the summons is issued.

 

(c)     The transmission of the records shall ordinarily be by registered post parcel.

Rule 90. Return and transmission of documents.-

(a)     An application for return of the documents produced shall be in Form III given under the Procedure Rules. No such application shall be entertained after the destruction of the records.

 

(b)     The Tribunal may, at any time, direct return of documents produced subject to such conditions as it deems fit.

Chapter XVI

EXAMINATION OF WITNESSES & ISSUE OF COMMISSIONS

Rule 91. Procedure for examination of witnesses, issue of commissions, etc.-

The provisions of Orders XVI and XXVI of the Code of Civil Procedure, 1908 shall mutatis mutandis apply in the matter of summoning and enforcing attendance of any person and examining him on oath and issuing commission for the examination of witnesses or for production of documents.

Rule 92. Examination in camera.-

The Tribunal may in its discretion examine any witness in camera.

Rule 93. Form of oath/affirmation to witness.-

Oath shall be administered to a witness in the following form:

?I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth and nothing but the truth.?

Rule 94. Form of oath/affirmation to interpreter.-

Oath and solemn affirmation shall be administered to the Interpreter in the following form before his assistance is taken for examining a witness:?

?I do swear in the name of God/solemnly affirm that I will faithfully and truly interpret and explain all questions put to and evidence given by witness and translate correctly and accurately all documents given to me for translation.?

Rule 95. Officer to administer oath.-

The oath or affirmation shall be administered by the Court Officer or the Commissioner as the case may be.

Rule 96. Form-recording of deposition.-

(a)     The deposition of a witness shall be recorded in Form, 17.

 

(b)     Each page of the deposition shall be initialled by the Members constituting the Bench or the Commissioner.

 

(c)     Corrections if any, pointed out by the witness may, if the Bench/Commi-ssioner is satisfied, be carried out and duly initialled. If not satisfied, a note to that effect be appended at the bottom of the deposition.

Rule 97. Numbering of witnesses.-

The witnesses called by the applicant/petitioner shall be numbered consecutively as PWs and those by the respondents as RWs.

Rule 98. Grant of discharge certificate.-

Witness discharged by the Tribunal may be granted a certificate in Form, 18 by the Registrar.

Rule 99. Witness ?bhatta? payable.-

(a)     Where the Tribunal issues summons to a government servant to give evidence or to produce documents, person so summoned may draw from the Government travelling and daily allowance admissible to him as per Rules.

 

(b)     Where there is no provision for payment of TA and DA by the employer to the person summoned to give evidence or to produce documents, he shall be entitled to be paid as ?bhatta?, a sum found by the Registrar sufficient to defray the travelling and other expenses having regard to the status and position of the witness. The party applying for the summons shall deposit with the Registrar the amount of bhatta as estimated by the Registrar well before the summons is issued. If the witness is summoned as a Court witness the amount estimated by the Registrar shall be paid as per the directions of the Tribunal.

 

(c)     The aforesaid provisions would govern the payment of ?bhatta? to the interpreter as well.

Rule 100. Records to be furnished to the Commissioner.-

The Commissioner shall be furnished by the Tribunal with such of the records of the case as the Tribunal considers necessary for executing the Commission. Original documents will be furnished only if a copy will not serve the purpose or cannot be obtained without unreasonable expense or delay. Delivery and return of records shall be made under proper acknowledgement.

Rule 101. Taking of specimen handwriting, signature, etc.-

The Commissioner may, if necessary, take specimen of the handwriting, signature or fingerprints of any witness examined before him.

Chapter XVII

PRONOUNCEMENT OF ORDER

Rule 102. Order.-

The final decision of the Tribunal on an application/petition before the Tribunal shall be described as ?Order?.

Rule 103. Operative portion of the Order.-

All orders/directions of the Bench shall be stated in clear and precise terms in the last paragraphs of the order.

Rule 104. Corrections.-

The Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page.

Rule 105. Pronouncement of order.-

(a)     The Bench shall as far as possible pronounce the order immediately after the hearing is concluded.

 

(b)     When the orders are reserved, the date for pronouncement not later than 3 weeks shall be fixed. The date so fixed shall not be changed except after due notice to all the parties/counsel.

 

(c)     Reading of the operative portion of the order in the open Court shall be deemed to be pronouncement of the order.

 

(d)     Any order reserved by the Circuit Bench of the Tribunal may be pronounced at the principal place of sitting of the Bench in one of the aforesaid modes as exigencies of the situation require.

Rule 106. Pronouncement of order by any one Member of the Bench.-

(a)     Any one Member of the Bench may pronounce the order for and on behalf of the Bench.

 

(b)     When an order is pronounced under this Rule, the Court Officer shall make a note in the order sheet that the order of the Bench consisting of ? . was pronounced in open Court by the Bench consisting of ??.

Rule 107. Authorising any Member to pronounce order.-

(a)     If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Tribunal, the Chairman/Vice-Chairman may 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 heard the case. The order pronounced by the Member so authorised shall be deemed to be duly pronounced.

 

(b)     The Member so authorised 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.

 

(c)     If the order cannot be signed by reason of death, retirement or resignation or for any other reason by any one of the Members of the Bench who heard the case, it shall be deemed to have been released from part-heard and listed afresh for hearing.

Rule 108. Making of entries by Court Officer.-

Immediately on pronouncement of an order by the Bench, the Court Officer shall make necessary endorsement on the case file regarding the date of such pronouncement, the nature of disposal and the constitution of the Bench pronouncing the order. He shall also make necessary entries in the Court Diary maintained by him.

Rule 109. Transmission of order by the Court Officer.-

(a)     The Court Officer shall immediately on pronouncement, transmit the order with the case file to the Deputy Registrar (Judicial).

 

(b)     On receipt of the order from the Court Officer, the Deputy Registrar shall, after due scrutiny, 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. The Deputy Registrar shall thereafter cause to transmit the case file and the order to the Judicial Branch for taking expeditious steps to prepare copies and their communication to the parties.

Rule 110. Format of order.-

(a)     The format of the order of the Tribunal shall be in Form, 19.

 

(b)     All orders shall be neatly and fairly typewritten in double space on one side only on durable foolscap folio paper of metric A-4 size (30.5 cms. long and 21.5 cms. wide) with left side margin of 5 cms. and right side margin of 2.5 cms. Corrections, if any, in the order shall be carried out neatly. Sufficient space may be left both at the bottom and at the top of each page of the order to make its appearance elegant.

 

(c)     Members constituting the Bench shall affix their signatures in the order of their seniority from right to left.

Rule 111. Costs.-

(a)     Unless otherwise quantified by the Tribunal, when costs are awarded in a case, the same shall be determined as follows:?

 

(i)      For applicants(s)

Legal Practitioner's fee Rs. 500

Expenses Rs. 150

(ii)     For Respondent(s)

Legal Practitioner's fee Rs. 500

Expenses Rs. 100

(b)     Only one set of costs shall be awarded to the applicants as also when the same counsel appears for more than one respondent.

 

(c)     When costs are awarded a Bill of Costs in Form, 20 shall be prepared giving the details of the costs awarded to the parties and annexed to the order.

Rule 112. Compliance of urgent orders.-

(a)     Whenever the Bench passes an order, final or interlocutory, requiring immediate compliance, the Court Officer shall immediately transmit the case file and the order to the Deputy Registrar (Judicial) who shall ensure prompt action on the same day.

 

(b)     Files with Dasti orders should be stapled with ?Today? flags and superscribed with OA/TA/RA/CP/MA/PT No. with the signature of the Court Officer with date.

Rule 113. Placing copies/common orders.-

When more than one case is disposed of by a common order, the Judicial Branch shall keep the original order in the main case and certified copy in the other connected case files. In the order sheet of the connected case(s), the Section Officer in-charge of the Judicial Branch shall note that the original order is kept in the main case file (giving its number).

Rule 114. Indexing of case files after disposal.-

After communication of the order to the parties/Legal Practitioners, the official concerned shall arrange the records with pagination and prepare the Index Sheet in Form, 21. He shall affix initials and then transmit the records with the Index Sheet to the records room.

Rule 115. Transmission of files/records/orders.-

Transmission of files/records of the cases/orders shall be made only after obtaining acknowledgment in the movement register maintained at different sections/levels as per the directions of the Registrar.

Rule 116. Copies of orders in Library.-

(a)     The Section Officer of the Judicial Branch shall send copies of every order (final) to the Library.

 

(b)     Copies of all orders received in each month shall be kept at the Library in a separate folder, arranged in the order of date of pronouncement, duly indexed and stitched.

 

(c)     At the end of every year a consolidated index shall also be prepared and kept in a separate file in the Library.

 

(d)     The order folders and the indices may be made available for reference in the Library to the Legal Practitioners.

Chapter XVIII

GRANT OF CERTIFIED COPIES AND FREE COPIES

Rule 117. Form and fee of application.-

(a)     Every application for grant of certified copy shall be in Form, 22 and accompanied with a non-refundable fee of Rs. 5 (rupees five only) in the form of I.P.O./D.D. drawn in favour of the Registrar and payable at the place of the Bench of the Tribunal.

 

(b)     If the certified copies applied for are more than one document in the same case, only one copy of application need be filed.

Rule 118. Right of the party to obtain certified copy.-

A party to an application/petition or his legal practitioner shall be entitled to obtain certified copy of the record, proceeding or original document filed in the case on payment of prescribed fee.

Rule 119. Application for copies by stranger.-

(a)     Applications for copies of documents (other than orders) by persons not parties to the proceedings shall be allowed only by order of the Registrar obtained on a duly verified petition in Form III of the Procedure Rules, setting forth the purpose for which the copy is required on payment of prescribed fee.

 

(b)     Copies of orders can, however, be granted to any person on payment of prescribed fees.

Rule 120. Register of copy application and requisition register.-

(a)     A Register of Copy Application shall be maintained in Register Form, 10 and a Requisition Register in Register Form, 11 in the Copying Branch.

 

(b)     Entries in respect of urgent copy applications shall be underlined in red ink/pencil.

Rule 121. Copying fee.-

The copying fee payable for obtaining an ordinary copy shall be at the rate of Re 1 per page and for urgent copy at the rate of Rs. 2 per page, irrespective of the number of words/lines in each page.

Rule 122. Scrutiny of copy application, requisitioning of case records and rectification of defects.-

(a)     If the application is in order necessary entries shall be made in the Register of Copy Applications and the Requisition Register and the same sent to the official-in-charge of records. The officer in-charge of the records shall promptly transmit the records along with the application after making an entry in the application and initialling the same.

 

(b)     If the application is found to be defective the same shall be notified on the Notice Board of the Registry. If the defects are not rectified within three days from the date of such notification, the copy of application shall be struck off. The application shall be deemed to have been made on the date of rectification of all defects.

Rule 123. Determination of additional copying fee.-

On receipt of the records, the officer in-charge of copying section after satisfying that the records are complete shall determine additional copying fee payable over and above the copying fee of Rs. 5 already paid and make an entry thereof in the application with his initials. Additional fee payable shall be notified on the Notice Board of the Registry.

Rule 124. Remittance of additional copying fee.-

Additional copying fee shall be remitted by the applicant between 10:30 a.m. and 4:30 p.m. in the form of I.P.O./D.D. drawn in favour of the Registrar and payable at the place of the Bench within two days, in the case of urgent copy, and within seven days in the case of ordinary copy from the date of notice. If the additional fee payable is not remitted within the time notified, the application shall be struck off.

Rule 125. Order of preparation of certified copy.-

Certified copies shall be prepared in the order in which they become ready in all respects. Urgent applications shall take precedence over all ordinary applications.

Rule 126. Time-limit for issue of urgent/ordinary copy.-

Urgent copy shall be delivered to the applicant as far as possible within three days and ordinary copy within ten days from the date the application is ready in all respects.

Rule 127. Notifying when copies are ready for delivery and consequence of not taking delivery.-

(a)     On each working day before 11:30 a.m., the officer in-charge of the copying branch shall cause to prepare in duplicate in Form, 23, 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 with his signature, and the other copy shall be retained for record.

 

(b)     If the applicant fails to take delivery within three months, the certified copy prepared shall be destroyed and the copying fee paid forfeited to Government.

Rule 128. Proper accounting of copying fee received.-

The Officer in-charge shall ensure that the copying fee received in the Registry is promptly accounted in the I.P.O./D.D. Register and transmitted to the Cash Section for crediting them to the Government account.

Rule 129. Preparation and comparison of certified copy.-

(a)     Certified copy shall be made by photocopying process or by typing. When the copy is so made, it shall be compared by the official in-charge of preparing the copy with the document of which the copy is made, aided by another official in the copying branch. He shall, after satisfying himself that the copy prepared faithfully and legibly reproduces the document desired, append a certificate as under and affix his initials:

?Certified that this is a true and accurate copy of the document/order as in the case file (OA/RA/TA/CP/MA/PT No. ??.. 199??.. .) and that all the matters appearing therein have been legibly and faithfully copied with no modifications.?

(b)     He 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 of delivery.

 

(c)     The certificate and endorsement shall be made with the help of a rubber stamp got prepared for that purpose. The entries however shall be made in ink.

 

(d)     The officer 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 130. Re-transmission of case records.-

On completion of the preparation of the certified copy, the officer in-charge of the copying section shall re-transmit the records of the case to the concerned branch, after making necessary entries in the Requisition Register and obtain acknowledgement of the official, who receives back the records, in the relevant column of the Register.

Rule 131. Mode of delivery of certified copy.-

At the time of the delivery of the certified copy, the official concerned shall obtain the signature of the applicant in the relevant column in the Register of Copy Applications, record the date of such delivery on the copy application and fill up relevant column regarding the date of delivery in the endorsement stamped on the certified copy.

Rule 132. Request for certified copy by post.-

(a)     Where the applicant desires to have the certified copy sent to him by post, he shall send an additional sum of Rs. 10 by way of I.P.O./D.D. drawn in favour of the Registrar and payable at the place of the Bench for defraying the postal charges, etc.

 

(b)     If the amount sent is found to be inadequate, the applicant shall be intimated to remit the said amount within the time specified. On receipt of the intimation, the applicant shall remit the amount in the manner provided in sub-rule (a) above and within the time specified.

Rule 133. Intimation of rejection.-

If for any reason the copy of application is rejected, due intimation be given to the applicant and the refundable amount, if any, returned to him.

Rule 134. Supply of free copy only once.-

Once free copy of the order is sent as provided in Rule 22 of the Procedure Rules, the Tribunal shall not be required to furnish any more free copies.

Rule 135. Certifying of free copies.-

Every free copy issued to a party or his legal practitioner in accordance with the Procedure Rules shall be certified to be ?True Copy? and shall be superscripted ?FREE COPY UNDER RULE 22 OF CAT (PROCEDURE) RULES? with a rubber stamp and signed by the officer authorised in that behalf. He shall also cause to enter the date and other details of furnishing of such free copy in the Register of Free Copies in Register Form, 12.

Rule 136. Time for furnishing free copies.-

(a)     Judicial Branch of the Registry shall issue free copies of the order to the parties or their legal practitioners as provided under Rule 22 of the Procedure Rules as far as possible within seven days from the date of pronouncement of the order.

 

(b)     If the free copy of the order is delivered by hand to parties/their legal practitioners, the officer in-charge shall obtain acknowledgement therefor in the relevant column in the Register of Free Copies.

Rule 137. Furnishing of free copy in a joint application.-

When a joint application/petition is made, only one free copy of the order contemplated by Rule 22 of the Procedure Rules shall be issued, either to their legal practitioners or if they are appearing in person, to any one of the applicants.

Rule 138. Furnishing of corrected free copy of order.-

Whenever clerical or typographical errors/mistakes in an order are rectified subsequent to the issue of the free copy thereof, the Registrar shall cause to issue a corrected free copy of such order to the parties/their legal practitioners in the prescribed manner.

Chapter XIX

APPEAL TO SUPREME COURT

Rule 139. Manner of service of order/notice issued by the Supreme Court of India.-

Service of orders/notices on respondents ordered by the Supreme Court of India in an appeal or petition pending before that Court shall be effected in the manner provided by the Supreme Court Rules, 1966 as amended from time to time.

Rule 140. Steps to comply with Supreme Court directions.-

(a)     Unless otherwise ordered by the Supreme Court, the Appellant or his Advocate shall be notified to deposit the transmission charges and cost of preparation of record, if any, etc. within 15 days of the receipt of the notice.

 

(b)     When the party or Advocate fails to deposit the amount as aforesaid, the Registrar shall forthwith submit a report thereof to the Registrar of the Supreme Court of India.

Rule 141. Register of S.L.Ps./Appeals.-

(a)     A register in Form, 13 shall be maintained in regard to S.L.Ps./Appeals against the orders of the Tribunal to the Supreme Court and necessary entries therein be promptly made by the Judicial Branch.

 

(b)     The register shall be placed for scrutiny by the Chairman/Vice-Chairman in the first week of every month.

Rule 142. Placing of Supreme Court orders before Chairman/Vice-Chairman/Members.-

Wherever an interim or final order passed by the Supreme Court of India in an appeal or other proceeding preferred against a decision of the Tribunal is received, the same shall forthwith be placed before the Chairman/Vice-Chairman/Members for information and kept in the relevant case file. Immediate attention of the Registrar shall be drawn to the directions requiring compliance.

Rule 143. Circulation of the orders of the Supreme Court.-

All orders of the Supreme Court including dismissal of S.L.Ps. 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 144. Registrar to ensure compliance of Supreme Court Orders.-

It shall be the duty of the Registrar to take expeditious steps to comply with the directions of the Supreme Court.

Chapter XX

RETENTION, PRESERVATION AND DESTRUCTION OF RECORDS

Rule 145. Procedure regarding retention, preservation and destruction of records.-

Retention, preservation and destruction of records shall be done in accordance with the rules contained in the CAT (Destruction of Records) Rules, 1990 given in Appendix V as amended from time to time.

Rule 146. Receipt, scrutiny and custody of records.-

The record-keeper shall be the custodian and responsible for the records lodged in the record room. He shall receive the records sent to the record room and scrutinize the records within three days of the date of receipt of records in the record room.

Rule 147. Rectification of defects/securing of missing records.-

If on such scrutiny, any defect or missing of documents is found in the records, the record-keeper shall intimate the same and remit the records back to the Branch/Section from which the records were received. Thereupon, the Section Officer in-charge of the concerned Branch/Section shall cause to take steps to rectify the defects/omissions so pointed out, and after such rectification re-transmit the records to the record room within three days of its receipt from the record room.

Rule 148. Maintenance of Register of records received in the record room.-

The record-keeper shall maintain a register in Register Form, 14 of records received in the record room.

Rule 149. Entry regarding destruction.-

Entries regarding destruction shall be made in the relevant columns of Register Form, 14.

Rule 150. Preservation of records requiring permanent retention.-

Records required to be preserved permanently shall be stacked in bundles of convenient size, arranging them in chronological order. The bundle shall be wrapped in ?Kora Cloth? on which shall be attached labels indicating in chronological order register numbers of the case included in each bundle. Such bundles shall be arranged serially and kept in the Record Room.

Rule 151. Retention of records beyond prescribed period.-

The Registrar may for reasons to be recorded in writing and with prior permission of the Chairman order that record of any particular case be preserved beyond the prescribed period provided under the Destruction Rules.

Chapter XXI

MISCELLANEOUS

Rule 152. Circuit Benches.-

The provisions of these Rules shall mutatis mutandis govern applications entertained by Circuit Benches subject to such adaptations as may by order be made by the concerned Vice-Chairman on being satisfied that it is necessary to do so in the interest of justice.

Rule 153. Use of computers.-

(a)     The Chairman may issue such orders or directions as may be necessary for complying with the provisions of the relevant Rules of Practice with the aid of the computer and for effective use of the computer facility as and when introduced.

 

(b)     Compliance with such orders or directions issued by the Chairman from time to time shall be deemed to be due compliance of the provisions of the relevant Rules of Practice.

Rule 154. Classification of cases subjectwise/departmentwise.-

(a)     The scrutiny branch of the Registry shall at the time of the scrutiny make classification of the cases as follows:

 

(i)      Departmentwise;

 

(ii)     Subjectwise; and

 

(iii)    Cases which can be heard by a Single-Member Bench.

 

(b)     The departmentwise classification shall be made in accordance with Appendix VI, as may be modified by the Chairman from time to time.

 

(c)     Subjectwise classification shall be made in accordance with Appendix VII, as may be modified by the Chairman from time to time.

 

(d)     Single-Member Bench cases shall be classified in accordance with Appendix VIII as may be modified by the Chairman from time to time.

 

(e)     The classification as above shall be entered in the relevant columns in the report of scrutiny in Form, 2/Form 3, Order Sheet in Form, 4 and Facing Sheet of the final cover in Form, 5, referred to in Rules, 11 to 13 of these Rules.

Rule 155. Weekly and Monthly statements?furnishing of.-

(a)     The Registrar of each Bench shall prepare a weekly progress report in Form, 24 and circulate among all the Members of the Bench concerned.

 

(b)     The Vice-Chairman of the Bench concerned shall forward a consolidated monthly progress report in Form, 24 to the Chairman before the 7th of each month.

 

(c)     The Registrar of the concerned Bench shall prepare a monthly statement in two parts as in Form, 25 regarding filing, disposal and pendency of cases and forward the same to the Registrar of the Principal Bench before the 7th of each month.

Rule 156. Inspection of Registry.-

(a)     The Registrar or the Deputy Registrar designated by him 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.

 

(b)     The report of inspection of the Judicial Branch, Library, Administrative Branch and Record Room shall be as in Schedules I to IV to Appendix IX, as may be modified by the Chairman from time to time.

 

(c)     The Section Officer concerned shall promptly comply with the directions of the Registrar and submit a report about due compliance to the Registrar within such time as the Registrar may grant.

 

(d)     The Registrar shall submit a report to the Chairman/Vice-Chairman containing brief summary of his inspection of the Registry, directions given by him to the sections and the steps taken for due compliance with such directions.

Rule 157. Due compliance with the Act, rules of procedure and the Rules of Practice.-

The Registrar or any other officer authorised by him may, for the purpose of satisfying himself that the provisions of the Act, the Rules of Procedure and the Rules of Practice are duly complied with, make such enquiry as he deems fit and call upon such party, as he deems necessary to appear before him and pass such orders as he deems proper.

Rule 158. Removal of doubt/difficulty.-

If in the matter of implementation of these Rules any doubt or difficulty arises, the same shall be placed before the Chairman and his decision thereon shall be final.

Form 1

[See Rule 4(a)]

Form of Index

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL

??? . BENCH

O.A./R.A./C.P./(CIVIL)/(CRIMINAL)/M.A./T.P. 20??

A ????????? ..

B ????????? ..

Central_Administrative_Tribunal_Rules_of_Practice_1993_1.png

Applicant/Petitioner

By Legal Practitioner Mr/M/s ??? ..

A ????????? ..

B ????????? ..

Central_Administrative_Tribunal_Rules_of_Practice_1993_1.png

Applicant/Petitioner

By Legal Practitioner/Government Pleader.

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.

Signaturefor Registrar

Form 2

[See Rule 11(b)]

CENTRAL ADMINISTRATIVE TRIBUNAL

??? BENCH

Diary No.

Report on the scrutiny of Application

Date of Presentation: ?.

Presented by: ????????

Applicant(s): ????????

Respondent(s): ????????

Nature of grievance: ??????

No. of applicants: ????????

No. of respondents: ???

*If S.B.

Classification

Subject ???????? (No.)

Department: ????? (No.)

1.       Is the application in the proper form?

(Three complete sets in paper-books form in two compilations)

2.       Whether name, 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.       Is the application in time?

(See Section 21)

7.       Has the Vakalathnama/Memo. of appearance/authorisation been filed?

 

8.       Is the application maintainable?

(u/S. 2, 14, 18 or u/R. 6 of Procedure Rules/etc.)

9.       Is the application accompanied by I.P.O./D.D. for Rs. 50?

 

10.     Has the impugned orders original/duly attested legible copy been filed?

 

11.     Have legible copies of the annexures duly attested been filed?

 

12.     Has the Index of documents been filed and pagination done properly?

 

13.     Has the applicant exhausted all available remedies?

 

14.     Has the declaration as required by Item 7 of Form I been made?

 

15.     Have required number of envelopes (file size) bearing full address of the respondents been filed?

 

16.     (a) Whether the reliefs sought for, arise out of single cause of action?

(b) Whether any interim relief is prayed for?

17.     In case an M.A. for condonation of delay is filed, is it supported by an affidavit of the applicant?

 

18.     Whether this case can be heard by Single Bench?

 

19.     Any other point?

 

20.     Result of the scrutiny with initial of the Scrutiny Clerk.

Section Officer

---?

Deputy Registrar

---?

REGISTRAR

Form 3

[See Rule 11]

CENTRAL ADMINISTRATIVE TRIBUNAL, ??? BENCH

Diary No??? 200.

C.P. (Civil/Criminal) ??? 200.

Between

?????????

Petitioner(s).

?????????

 

By

?????????

(Name of the Counsel, if any)

And

?????????

Respondent(s).

?????????

 

By

?????????

(Name of the Counsel, if any)

Subject: (No?..)

Department: (No?.)

REPORT OF THE SCRUTINY OF CONTEMPT OF COURT PETITION (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: Where respondent is an officer, his name, designation, and office address alone are enough.

2.       Whether the parties impleaded as petitioner(s) and respondent(s) are proper?

Note: (a) In case of civil contempt for disobeying the order of the Tribunal, it is the party in whose favour the direction is issued that can be impleaded as petitioner and the party against whom the direction is issued can be impleaded as the respondent.

(b) ? In case of criminal contempt, the party who is alleged to have committed contempt, that can be impleaded as respondent.

3.       Nature of the Contempt (Civil or Criminal) and the provisions of the Act invoked?

 

4.       (a) Date of alleged Contempt?

(b) ? Date of filing the Contempt Petition?

(c) ?? Whether the petitioner is barred by limitation under Section 20 of the Contempt of Courts Act, 1971?

5.       (a) Whether the grounds and material facts constituting the alleged contempt are given?

(b) ? Whether the grounds and facts alleged in the petition are divided into paragraphs and numbered?

(c) ?? Whether the petition is accompanied by supporting documents or certified/photostat (attested) copies of the originals thereof?

(d) ? If the petitioner relies upon any other document(s) in his possession, whether copy of such document(s) is/are filed along with the petition?

(e) ? Whether the petition and its annexures have been filed in a paper-book 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 in case there are more respondents than one?

6.       Whether the nature of the order sought from the Tribunal is stated?

 

7.       Whether the petition is supported by an affidavit sworn to by the petitioner verifying the facts relied upon?

Note: No affidavit is required if the Motion is by Attorney-General/Solicitor-General/Additional Solicitor-General.

8.       Whether the petitioner or his Advocate have signed the petition indicating the place and date?

 

9.       In case of civil contempt whether the petition is accompanied by a certified copy of the judgment/decree/order/writ/undertaking alleged to have been disobeyed by the alleged contemner?

 

10.     (a) In case of criminal contempt, not covered by Section 14* of the Contempt of Courts Act, whether the petitioner has produced the consent obtained from the Attorney-General/Solicitor-General/Additional Solicitor-General?

(b) ? If not, whether the petition contains the reasons thereof?

*Contempt committed in the presence or hearing of the Member(s).

11.     Whether the petitioner had previously made a Contempt Petition on the same facts? If so, have the following been furnished:?

 

(a)     Number of the petition?

 

(b)     Whether the petition is pending? and

Form 4

[See Rule 12]

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL

?? . BENCH

ORDER SHEET

APPLICATION No??? . OF 20.

Applicant(s)

Respondent(s)

Advocate for Applicant(s)

Advocate for Respondent(s)

 

Notes of the Registry

Orders of the Tribunal

 

 

Form 5

[See Rule 13]

File A/B/C

CENTRAL ADMINISTRATIVE TRIBUNAL, ??? BENCH

(SB/DB)

TRANSFERRED/ORIGINAL APPLICATION No???.

REVIEW APPLICATION No.

PETITION FOR TRANSFER No.

C.P. (CIVIL/CRIMINAL) No.

Central_Administrative_Tribunal_Rules_of_Practice_1993_1.png

of 20

 

????????????.

????????????.

BY ADVOCATE SHRI???

Central_Administrative_Tribunal_Rules_of_Practice_1993_1.png

APPLICANT(S)

VERSUS

????????????.

????????????.

BY ADVOCATE SHRI?????

Central_Administrative_Tribunal_Rules_of_Practice_1993_1.png

RESPONDENT(S)

 

MEMO OF HEARINGS

SUBJECT:

??????????.

DEPARTMENT:

??????????.

Nature of Grievance:

??????????.

Date of impugned Order:

Presentation

-------

Date of----

Re-presentation

 

??????????.

Date of Registration:

??????????.

Date of Admission:

 

Date & nature of final disposal:

 

R.A. if any filed & number thereof:

 

Nature of disposal of R.A.:

 

C.P. if any filed and number thereof:

 

Result of C.P.:

 

S.L.P./Appeal if any filed & number thereof:

 

Result of S.L.P./Appeal filed

 

Date of consignment to Record Room:

Form 6

[See Rule 17]

CENTRAL ADMINISTRATIVE 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 to take back the papers for rectification of the defects and representation if they are not formal in nature, within the time shown against each case.

Sl. No.

Diary No./Appln. 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.

 

 

 

 

 

4.

 

 

 

 

 

Dated this ??? day of ???, 20.

REGISTRAR

Form 7

[See Rule 25]

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, ??? BENCH

AT ????????

No.                  of 20

Between

????????????????????????Applicant

By Advocate Shri ????? . and

???????????????????????? Respondents

By Advocate 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

Name of the Party

Address for service

1

2

3

 

 

 

 

 

 

 

 

Place:

Counsel for the Petitioner/Applicant

Date:

Central Govt. Standing Counsel/

Government Pleader.

Form 8

[See Rule 29]

ORIGINAL APPLICATION No??? ./20.

CENTRAL ADMINISTRATIVE TRIBUNAL, ???? . BENCH

AT ???

Applicant(s)

Respondent(s)

v.

Represented by

Represented by

Advocate Shri ????..

Advocate Shri ?..

To

??????..

??????..

??????..

Whereas an application filed by the above-named applicant under Section 19 of the Administrative Tribunals Act, 1985, as in the copy annexed hereunto has been registered and upon preliminary hearing the Tribunal has directed that you should be given an opportunity to show cause why the application should not be admitted.

Notice is hereby given to you to appear in this Bench of the Tribunal in person or through a Legal Practitioner/Presenting Officer in this matter at 10:30 a.m. of the ??? day of ???, 200 ??? to 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 ??? 200.

By order of the Tribunal

Registrar

Form 9

[See Rule 29]

CENTRAL ADMINISTRATIVE TRIBUNAL, ??? BENCH

AT ???

ORIGINAL APPLICATION No???./20.

Applicant(s)

Respondent(s)

v.

By Advocate Shri ?????

By Advocate/Central Govt. Standing Counsel/Govt.

Pleader Shri ???????..

To

???????

???????

???????

Whereas an application filed by the above-named applicant(s) under Section 19 of the Administrative Tribunals Act, 1985, 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 serving copy of the same on the applicant or his Legal Practitioner within 30 days of receipt of the notice, before this Tribunal, either in person or through a Legal Practitioner/Presenting Officer appointed by you in this behalf. In default, the said application may be heard and decided in your absence on or after that date without any further notice.

Issued under my hand and seal of the Tribunal, this the???.. day of ?????? ., 20.

(By order of the Tribunal)

Registrar

Form 10

[See Rule 57(a)]

Pending/Disposed of

CENTRAL ADMINISTRATIVE TRIBUNAL, ??? BENCH.

OA/RA/CP/No. OF 20.

???Applicant(s)

v.

??..Respondent(s)

Application for Inspection of Documents/Records

I 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 be inspected.

 

4.

Reasons for seeking the inspection.

 

5.

The date and duration of the inspection sought.

 

6.

Whether any fee is payable and, if so, the mode of payment.

 

Place:

 

Date:

Applicant

Office use:

Granted inspection for ??? hours on ???/rejected.

Registrar

CAT ??

Form 11

[See Rule 62]

CENTRAL ADMINISTRATIVE TRIBUNAL, ??? BENCH

OA/RA/CP/PT/MA ??? OF 20.

??? Applicant(s)

v.

?? . Respondent(s)

Memo of Appearance

I, ?????, having been authorised ?????????????????? . (here furnish the particulars of authority) by the Central/State Government/government servant/?? authority/corporation/society notified under Section 14 of the Administrative Tribunals Act, 1985, hereby appear for Applicant No???????../Respondent No????? . and undertake to plead and act for them in all matters in the aforesaid case.

Place:

Date:

Signature and Designation of the Counsel.

Address of the Counsel for service.

Form 12

[See Rule 67]

Form of Vakalathnama

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

OA/RA/CP/PT/No?? OF 20.

???? Applicant(s)

v.

???? Respondent(s)

I, ????.., Applicant No????? ./Respondent No?????.in the above application/petition do hereby appoint and retain Shri ?????????? Advocate(s) to appear, plead and act for me/us in the above application/petition and to conduct and prosecute all proceedings that may be taken in respect thereof including Contempt of Court Petitions and Review Applications arising therefrom and applications for return of documents, enter into compromise and to draw any money payable to me/us in the said proceeding.

Place:

Date:

Signature of the Party.

Executed in my presence.

?Accepted?

*Signature with date

Signature with date

(Name and Designation)

(Name of the Advocate)

(Name of the Advocate)

 

*The following certification to be given when the party is unacquainted with the language of the vakalath or is blind or illiterate;

The contents of the vakalath were truly and audibly read over/translated into ???.language known to the party executing the vakalath and he seems to have understood the same.

Signature with date

(Name and Designation)

Form 13

[See Rule 75(a)]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

Non-Transferable

Identity Card Reg. No?????.

Shri ?????..Aged ??.

S/o Shri ????(Address)???

has been registered as a Clerk of Shri ???..

Legal Practitioner ??????

(Address)

and that he is entitled in connection with his employer's

business to have access to the Registry of the CAT ??..

Central_Administrative_Tribunal_Rules_of_Practice_1993_3.png

??Bench.

The Identity Card is valid from ????

Specimen signature of the Registered Clerk.

Specimen signature of the Advocate.

Seal of the Tribunal

Deputy Registrar (J)

Date??????.

Form 14

[See Rule 81(a)]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

OA/RA/TA/PT/CP (CIVIL)/CP(CRIMINAL)/No???? OF 20.

????.. Applicant/s

v.

???? Respondent/s

AFFIDAVIT

I, ????.., aged ???.years, son/daughter/wife of (name and occupation of the deponent) ????? residing at ????? do hereby swear in the name of God/solemnly affirm and state as follows:?

Para 1

Para 2

Para 3

??????..

??????..

.??????.

Contents of paragraphs Nos??????? are within my personal knowledge and contents of paragraphs 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:

Signature of the Deponent

Date:

Name in Block Letters

No. of corrections on page Nos?..

 

Identified by:

 

* ??????????????.

Sworn/solemnly affirmed before me on this the ????.day of ???.20.

Signature

(Name and Designation of the

Attesting Authority with Seal)

*To add endorsement in Form, 15 when necessary.

Form 15

[See Rule 84]

Certification when deponent is unacquainted with the language of the affidavit or is blind or illiterate.

Contents of the affidavit were truly and audibly read over/translated into ???.. language known to the deponent and he seems to have understood the same.

(Signature)

Name and Designation with date.

Form 16

[See Rule 87(c)]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

OA/RA/CP (CIVIL/Cri.)/PT/MA/No????? OF 20.

Between

??????

??? Applicant/s

(By Advocate Shri ?????)

 

And

?????

Respondent/s

(By Advocate Shri ?????)

 

To

Whereas the Tribunal suo motu or on consideration of the request made by Shri???? (Applicant/Respondent No.) having been satisfied that production of the following documents/records under your control/custody is necessary for proper decision of the above case, you are hereby directed to cause production of the said documents/records before this Tribunal/forward duly authenticated copies thereof on or before the ????? day of ????? 20.

(Enter description of documents requisitioned)

Date:

?By Order of Tribunal?

Registrar

Form 17

[See Rule 96]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH.

TA/OA/RA/CP (Civil/Cri.) PT/MA No??? OF 20.

Deposition of PW/RW

1.       Name:

 

2.       Father's/Mother's/Husband's name:

 

3.       Age:

 

4.       Occupation:

 

5.       Place of residence and address:

 

6.       Name of the Officer administering the oath/affirmation:

 

7.       Name of the Interpreter, if any, duly sworn/solemnly affirmed:

Duly sworn/solemnly affirmed

Date:

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/Commissionerwith date.

Form 18

[See Rule 98]

Certificate of Discharge

Certified that ???????.. appeared before this Tribunal as a witness in OA/RA/TA/PT/CP (Civil/Cri.)/MA No??????? of 20, on behalf of the applicant/petitioner/respondent as Court witness on this the ????????.day of ????? 20 and that he was relieved at ????? on ????? He was paid/not paid any T.A. and D.A./Bhatta of Rs. ?????

Signature of Registrar.

Date:

(Seal of the Tribunal)

Form 19

[See Rule 110]

Format of Order

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH.

OA/TA/CP (CIVIL/Crl.)/MA/PT No?????.20.

??.this ???.day of??.. 20.

Shri/Smt ?????????.(A)/(J)

Shri/Smt ?????????.(A)/(J)

1.

2.

3.

????????

Applicant/s

????????

 

(Here enter name and full address of the applicant/s)

By Advocate Shri ?????

v.

1.

2.

3.

???? Respondent/s

?????

(Here enter name and full address of the respondent/s)

By Advocate Shri ?????

Central Govt. Standing Counsel/Government Pleader

ORDER

* ?????

Part 1.

Part 2.

Part 3.

?????

?????

?????

(Signature)????

(Signature)??????.

???????????

???????????.

Name

Name

Vice-Chairman/Member

Chairman/Vice-Chairman/Member

*Here enter name of the Chairman/Vice-Chairman/Member dictating or writing the order.

Here put the initials of the Stenographer who types the order.

Form 20

[See Rule 111(c)]

Bill of Costs

(To be Annexed to the Order)

OA/RA/TA/PT/CP/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)

 

Registrar/Deputy Registrar.

Note: No bill of costs need to be prepared or annexed, if costs are not awarded.

FORM 21

[See Rule 114]

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH.

OA/TA/RA/CP/MA/PT ???.. OF 20 ???

???? Applicant(s)

Versus

???? Respondents

Index Sheet

Serial No.

Description of Documents

Page

 

 

 

 

 

 

 

 

 

Certified that the file is complete in all respects.

???????

???????

Signature of S.O.

Signature of Dealing Hand

Form 22

[See Rule 117]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

OA/RA/TA/PT/CP/(Civ//Cri.)/MA ????? OF 20.

???????

Applicant/s

Versus

???????

Respondent/s

Application for Grant of Certified Copy

1.

Name and Address of the applicant:

 

2.

Whether the applicant is a party to the case. If not whether an application under Rule 119 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

Counsel for the applicant

FOR OFFICE USE

Granted/Rejected

Additional copying fee payable/paid and details thereof:

[Initials of the Officer-in-charge]

Form 23

[See Rule 127]

CENTRAL ADMINISTRATIVE 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 Officer-in-charge with date)

Form 24

[See Rule 155(a) & (b)]

PART I

???? BENCH

Statement Showing Disposal of Cases During the Week/Month ???

Members of the Bench

Sitting Days

No. of cases for Admission

Cases admitted

No. of cases restored (Excluding M.As.)

No. of cases disposed of at the Admission stage

No. of cases disposed of at the final hearing stage

Total disposal (6 + 7)

No. of cases reserved for Judgement

 

Fullday

Part of a day

 

 

 

Reserved Matters

Oral

 

1

2

3

4

5

6

7

8

9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART II

???? BENCH

Categorywise Statement of Institution & 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.

 

 

 

 

C.Ps.

 

 

 

 

R.As.

 

 

 

 

R.As. (By circulation)

 

 

 

Total

 

 

 

 

 

 

 

 

 

P.Ts.

 

 

 

 

M.As.

 

 

 

 

Total

 

 

 

 

Date

 

 

 

 

Form 25

[See Rule 155(c)]

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 the beginning of the month

Cases instituted/received during the month

Total for disposal

Cases disposed of during the month

No. of cases pending at the end of the month

Cumulative Figures total of disposal 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 9 + 10

 

1

2

3

4

5

6

7

8

9

10

11

12

OA

 

 

 

 

 

 

 

 

 

 

 

TA

 

 

 

 

 

 

 

 

 

 

 

CA

 

 

 

 

 

 

 

 

 

 

 

CPs.

 

 

 

 

 

 

 

 

 

 

 

RA

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

 

 

 

 

 

MA

 

 

 

 

 

 

 

 

 

 

 

PTs.

 

 

 

 

 

 

 

 

 

 

 

G. Total

 

 

 

 

 

 

 

 

 

 

 

PART II

Yearwise Break-Up of Pending Cases

Name of Bench

Category of cases

 

1985

1986

1987

1988

1989

1990

1991

1992

1993

TA

DB

 

 

 

 

 

 

 

 

 

SB

 

 

 

 

 

 

 

 

 

OA

DB

 

 

 

 

 

 

 

 

 

SB

 

 

 

 

 

 

 

 

 

CP

DB

 

 

 

 

 

 

 

 

 

SB

 

 

 

 

 

 

 

 

 

CA

DB

 

 

 

 

 

 

 

 

 

SB

 

 

 

 

 

 

 

 

 

RA

DB

 

 

 

 

 

 

 

 

 

SB

 

 

 

 

 

 

 

 

 

MAs

DB

 

 

 

 

 

 

 

 

 

SB

 

 

 

 

 

 

 

 

 

PTs

DB

 

 

 

 

 

 

 

 

 

SB

 

 

 

 

 

 

 

 

 

Note:

The number of cases pending at the places where there is a Bench of the Tribunal (Other than Principal Seat) or where a circuit sitting is held and the number of cases disposed of in each such Bench or circuit sitting may be furnished separately.

Note:

OA denotes Original Applications

Instructions:

 

TA denotes Transferred Applications

1.

Due date of receipt of the statement in P.B. is 7th of the following month.

 

CA denotes Civil Applications

2.

Total must cross tally.

 

CP denotes Contempt Petition (Civil/Criminal)

3.

Information be furnished in figures.

 

RA denotes Review Applications

 

 

 

MA denotes Miscellaneous Applications

 

 

 

PT denotes petition for transfer

 

 

Register No. 1

[See Rule 10(b)]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

Inward Register

Dy. No.

Nature of the Application/Pleadings etc. received

Name of the party/Legal Practitioner Presenting

Application fee/Additional processs fee paid

Initial with date of the receiving clerk

Date of trans-mission to Scrutiny Branch

Initial of the Recei-ving Clerk in the Scrutiny Branch

Re-marks

1

2

3

4

5

6

7

8

 

 

 

 

 

 

 

 

Form of Register No. 2

[See Rule 15(h)]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

Register of Original Applications Transferred Applications Review Applications For the Year 20??.

Contempt Petitions Petitions for Transfer Miscellaneous Applications

Sl. No.

Application No.

Date of filing & registration

Name & address of the applicant

Name of the Advocate for the applicant

Name and address of the respondents

1

2

3

4

5

6

1

 

 

 

 

 

2

 

 

 

 

 

3

 

 

 

 

 

4

 

 

 

 

 

 

 

Name of the Advocate for the respondents

Subject-matter

Date of admission

Particulars of interim orders in the application

Date & result of the final order

 

7

8

9

10

11

1

 

 

 

 

 

2

 

 

 

 

 

3

 

 

 

 

 

4

 

 

 

 

 

 

Whether disposed of by S.B./D.B./F.B.

Information regarding appeal, if any, filed in the Supreme Court and the result thereof

Date of transmission of records to Record Room

Remarks

 

12

13

14

15

1

 

 

 

 

 

2

 

 

 

 

 

3

 

 

 

 

 

4

 

 

 

 

 

Register No. 3

[See Rule 16]

CENTRAL ADMINISTRATIVE TRIBUNAL, ???.. BENCH

I.P.O./D.D. Register

Sl. No.

Diary No./Application No.

Name of the party remitting IPO/DD

Purpose of remittance of IPO/DD

Particulars of IPO/DD

Initials with date of Clerk receiving the IPO/DD

Initials with date of Clerk receiving the IPO/DD in Cash Section

Remarks

No. & Dt.

Amount

Nameof PO/Bank of issue

 

1

2

3

4

5

6

7

8

9

10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Register No. 4

[See Rule 21(a)]

CENTRAL ADMINISTRATIVE TRIBUNAL

???? BENCH

Court Diary

Date:

Court Hall No???

 

Day of the week:?.

 

Sl. No.

No. of application

Work done

Date to which adjourned

Remarks

1

2

3

4

5

 

 

 

 

 

 

 

 

 

Note: The following abbreviations shall be used in Column No. 3:

 

Adj: Adjourned. Adm: Admitted notice ordered. PH: Part Heard. PH/Adj: Part Heard/Adjourned.

 

Dis. at Adm: Disposed of at admission stage. JR: Judgment reserved. Dis/Alld: Dismissed/Allowed.

 

Pt. A: Partly allowed.

Form of Register No. 5

[See Rule 39]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

Ready List of OAs/RAs/TAs/CPs (Civil/Crl.)/PTs/MAs

Sl. No.

No. of the case

Whether SB/DB

Date of inclusion in the ready list

Whether stands posted to any date

Date of removal from the ready list

Remarks

1

2

3

4

5

6

7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Register Form No. 6

[See Rule 46]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

Stage Register

Sl. No.

Appln./Petition Number

Whether SB/DB

Date of Admission/issue of note

Date of next posting

Whether part heard or not?

Whether connected with any other pending case

Date of final hearing

Date of disposal

Remarks

1

2

3

4

5

6

7

8

9

10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Instructions: 1. Applications/Petitions shall be entered as far as possible in the order of their Registration Number.

2. ??? In respect of Transferred Applications the corresponding W.P. No????/Suit No?????.. should be written in brackets.

3. ??? Applications disposed of should be rounded off in red ink.

4. ??? Cases which are ready for hearing should be underlined in green ink.

Register Form No. 7

[See Rule 46]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

Posting Register

Date: ????.

(Note: Separate Page Should Be Taken For Each Date)

Sl. No.

Application No./Petition No.

Whether Single Bench/Division Bench

Whether part-heard or not? (If part-heard composition of the Bench)

Whether connected with any other pending case? [If so give the number of the connected case(s)]

Remarks

1

2

3

4

5

6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Register Form No. 8

[See Rule 60]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

Register of Inspection

No. of Application/Petition in which inspection is sought

Name of the Parties in the Application/petition

Name & address of the person seeking inspection

Date & time of commencement of inspection with the initials of the person inspecting

Date & time of the completion of Inspection with the initials of the person inspecting

Inspection fee, if any, paid

Initials of the official who supervises the inspection

Re-marks

1

2

3

4

5

6

7

8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Register Form No. 9

[See Rule 72]

CENTRAL ADMINISTRATIVE TRIBUNAL, ????? BENCH

Register of Registered Clerks of Legal Practitioners

Sl. No.

Name of the Clerk with Full Address

Date & No. of Registration

Name & Address of Legal Practitioner under whom employed

Date of issue of Identity Card

1

2

3

4

5

1

 

 

 

 

2

 

 

 

 

3

 

 

 

 

4

 

 

 

 

5

 

 

 

 

 

 

Particulars of IPO/DD received

Signature of the Registered Clerks

Signature of the Legal Practitioner

Date of Cancellation of Registration

Initials of the Registering/Cancelling Authority

Remarks

 

6

7

8

9

10

11

1

 

 

 

 

 

 

2

 

 

 

 

 

 

3

 

 

 

 

 

 

4

 

 

 

 

 

 

Register Form No. 10

[See Rule 120]

CENTRAL ADMINISTRATIVE TRIBUNAL, ??? BENCH

Register of Copy Applications

Sl. No.

Date of application

Amount received and particulars of DD/IPO

Name of the applicant

Amount and date of payment of additional fee

Date of preparation of copy

Date of delivery of copy

Signature of the person receiving

Remarks

1

2

3

4

5

6

7

8

9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Register Form No. 11

[See Rule 120]

CENTRAL ADMINISTRATIVE TRIBUNAL, ???? BENCH

Requisition Register

Sl. No.

No. and date of application

Particulars of the file to be requisitioned

Section to which requisition is sent

Date of requisition

Date of receipt of file in the copying section

Date of receiving back the file with initials

Remarks

1

2

3

4

5

6

7

8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Register Form No. 12

[See Rule 135]

CENTRAL ADMINISTRATIVE TRIBUNAL, ??.. BENCH

Despatch Register of Free Copies of Orders

Sl. No.

Case No.

Name & address of the person to whom the free copy is sent

No. & date of the postal receipt, if sent by Regd. Post/A.D.

Amount of postage

Signature of the Advocate/Party taking delivery with date

Re-marks

1

2

3

4

5

6

7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Register Form No. 13

[See Rule 141]

Register of SLPs/Appeals to Supreme Court

CENTRAL ADMINISTRATIVE TRIBUNAL, ??.. BENCH

Sl. No.

No. of SLP/appeal before the Supreme Court

Number of the case appealed against

Name of the Applicant/Respondent

Date of despatch of records to SC

Date of receipt of records from SC

1

2

3

4

5

6

 

 

 

 

 

 

 

 

 

 

 

 

S.L.P. dismissed/allowed with date

Interim direction if any with date

Final order in the appeal with date

Direction if any for compliance by the Tribunal

Steps taken for compliance

Remarks

7

8

9

10

11

12

 

 

 

 

 

 

 

 

 

 

 

 

Register Form No. 14

[See Rule 148]

Sl. No.

Case No.

Date of disposal of the case by the Tribunal

Name of the applicants & counsel

Name of respondents & counsel

No. of appeal, if any, before the SC & date of disposal

Date of receipt of records in the record room

1

2

3

4

5

6

7

 

 

 

 

 

 

 

 

Date up to which to be retained

Date on which destroyed

No. & date of Notification of destruction

Part I

Part II

Part III

Part I

Part II

Part III

 

8

9

10

11

12

13

14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix I

[See Rule 18(c)]

No. 1/32/87-JA

December 18, 1991.

Order

In supersession of the Order of the Chairman No. 1/32/87-JA dated 1-3-1988 and in exercise of the powers conferred by sub-section (6) of Section 5 of the Administrative Tribunals Act, 1985, I hereby authorize all the Members of the Central Administrative Tribunal to function as a Bench consisting of a Single Member and exercise the jurisdiction, powers and authority of the Tribunal in respect of classes of cases specified in the Schedule w.e.f. 1-1-1992 subject to the following procedure:

(1)     That the case does not involve validity of any statutory provision or interpretation of any of the provisions of the Constitution.

 

(2)     That it is open to either party to submit to the Single Member before the matter is taken up for admission or for final hearing, that it may be placed before a Bench of two Members. If such a request is made at the outset, the Single Member shall direct that the case be placed before an appropriate Bench of two Members. Once the case is taken up, no such request shall be entertained at any subsequent stage of proceedings for admission or final hearing, as the case may be.

Explanation:

(i)      The party not making the request at the stage of admission shall not be precluded from making such a request when the case is taken up for final hearing.

 

(ii)     The stage of admission would also cover cases which may be finally disposed of with the consent of parties at the admission stage.

 

(3)     Notwithstanding anything contained in the previous paragraphs if at any stage of the proceedings it appears to the Single Member that the case is of such a nature that it ought to be heard by a Bench of two Members, he may refer it to the Chairman to transfer it to a Bench of two Members.

Schedule

1.       Cases relating to change of date of birth.

 

2.       Cases relating to postings/transfer.

 

3.       Cases relating to entry in character rolls/confidential record/service record, made otherwise than as a measure of penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965.

 

4.       Cases relating to allotment or eviction from Government accommodation.

 

5.       Cases relating to fixation of pay.

 

6.       Cases relating to claims of medical reimbursement, leave, joining time, L.T.C. and overtime.

 

7.       Cases relating to crossing of efficiency bar.

 

8.       Cases relating to grant of pension, family pension, other retirement benefits, and cases relating to interest on retirement benefits.

 

9.       Cases relating to grant or refusal to grant advances/loans.

 

10.     Cases relating to stagnation increment.

 

11.     Cases relating to grant of passes to Railway employees.

 

12.     Cases relating to grant, refusal or recovery of allowances.

 

13.     Cases relating to compassionate appointment/appointment of dependants of government servants dying in harness.

Appendix II

[See Rule 18(d)]

CENTRAL ADMINISTRATIVE TRIBUNAL

Faridkot House,

Copernicus Marg,

New Delhi-110 001,

December 18, 1991

No. 13/19/91-JA

Order

In exercise of the powers conferred by Section 5 and all other enabling provisions of the Administrative Tribunals Act, 1985, and in supersession of all orders on the subject, I hereby make the following order regulating constitution of Benches and distribution of work of the Principal Bench and other Benches of the Central Administrative Tribunal:

1.       In the case of the Principal Bench, the Chairman and in his absence, the seniormost Vice-Chairman available and in their absence, the seniormost Member available, shall regulate constitution of Benches (including Vacation Bench) and distribution of work of that Bench.

 

2.       In the case of other Benches, the Vice-Chairman and in his absence, the seniormost Member available, shall regulate constitution of the Benches and distribution of the work.

 

3.       Notwithstanding anything contained in the above paragraphs, the power of constitution of Benches and distribution of work of the Principal Bench and other Benches, shall be subject to such general or special orders, as the Chairman and in his absence, seniormost Vice-Chairman of the Principal Bench who is available, may make.

V.S. MALIMATH,

Chairman

Appendix III

[See Rule 19(b)]

CENTRAL ADMINISTRATIVE TRIBUNAL

Faridkot House,

Copernicus Marg,

New Delhi-110 001,

January 20, 1992

No. 1/32/87-JA

Order

In exercise of the powers conferred by sub-section (6) of Section 5 of the Administrative Tribunals Act, 1985, I hereby make the following order:

In situations when a Division Bench is not available for dealing with urgent cases for admission and grant of interim orders, and the urgency is such that the matter cannot be deferred until a Division Bench becomes available, the Single-Member Bench is authorised to take up such urgent cases for admission and grant of interim orders subject to the condition that if the Single Member is not inclined to admit the matter he shall refer the matter for being placed before the appropriate Division Bench as soon as the same becomes available.

V.S. MALIMATH,

Chairman

Appendix IV

[See Rule 49]

CENTRAL ADMINISTRATIVE TRIBUNAL

Faridkot House,

Copernicus Marg,

New Delhi-110 001,

February 18, 1992

No. 13/19/91-JA

Notification

In exercise of the powers conferred by Sections 5, 12 and 22 of the Administrative Tribunals Act, 1985 read with Rule 17 of the Central Administrative Tribunal (Procedure) Rules, 1987 and in supersession of all previous orders in this regard, I, V.S. Malimath, Chairman, Central Administrative Tribunal hereby make the following order with the object of avoiding delay in dealing with the Review Petitions presented before different (additional) Benches of the Central Administrative Tribunal:?

REVIEW OF ORDERS PASSED BY A BENCH OF TWO MEMBERS

1.       Review of order in which both the Members who passed the order are functioning in the same Bench.

In such a case, the Review Petition shall be placed before the Members who passed the order for consideration by circulation. If one of them is of the view that it merits a hearing, then the petition shall be placed before that Bench for preliminary hearing. In such a case, it would not be necessary to seek order of the Chairman.

2.       Review of order passed by the Bench of which one Member belongs to the local Bench and the other is a Member of another Bench.

In such a case, the Review Petition shall be sent for consideration by circulation to the Members who passed the order. If one of them is of the view that it merits a hearing, then the petition shall be placed for preliminary hearing. For that purpose, the Vice-Chairman of the local Bench shall seek orders of the Chairman.

3.       Review of order in which both the Members have ceased to be Members of the Tribunal.

In such a case, the Vice-Chairman shall place the Review Petition for preliminary hearing before a Bench consisting of any two Members of that Bench. It would not be necessary to seek orders of the Chairman in such a case.

4.       Review of order in which one of the Members has ceased to be a Member of the Tribunal.

If one of the Members who passed the order is available in that Bench, the Vice-Chairman shall constitute a Bench with him/her and any other Member of the Bench and place the petition for preliminary hearing.

If not, the Vice-Chairman shall constitute a Bench consisting of any two Members of that Bench.

5.       Review of order when both the Members who passed the order are Members of other Benches.

In such a case, the Vice-Chairman shall arrange to send the Review Petition to both the Members to consider the petition by circulation. If one of them is of the view that the petition merits a hearing, then the petition shall be placed for preliminary hearing. For that purpose, the Vice-Chairman shall seek orders of the Chairman.

REVIEW OF ORDERS PASSED BY A SINGLE-MEMBER BENCH

II. ?? (a) If the Single Member who decided the case continues to be a Member of that Bench, the petition shall be placed before him/her for consideration by circulation. If the Member is of the view that the petition merits a hearing, it shall be posted before him/her for preliminary hearing.

(b) ? If the Member who decided the case has become a Member of another Bench of the Tribunal, the Vice-Chairman shall send the petition to him/her for being considered by circulation. If the Member is of the view that the petition merits a hearing, then the petition shall be placed for preliminary hearing. For that purpose the Vice-Chairman shall seek orders of the Chairman.

(c) ?? If the Single Member who passed the order has ceased to be a Member of the Tribunal, then the Vice-Chairman shall post the petition for preliminary hearing before any Member of the Bench. In such a case, it would not be necessary to seek the orders of the Chairman.

III. ? If the Review Petition is not summarily dismissed, further hearing shall be by the very same Bench constituted as per the aforesaid provisions.

IV. ?? Orders of the Chairman may be sought when a situation not covered by the above provisions arises or when in the interest of justice it is necessary to deviate from the same.

Note.-The above procedure shall mutatis mutandis be followed in the Principal Bench.

V.S. MALIMATH,

Chairman

Appendix V

[See Rule 145]

Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), Notification No. S.O. 3462, dated September 13, 1990, published in the Gazette of India, Part II, Section 3(ii), dated 29th December, 1990, pp. 5639-5642 [F. No. A-11019/33/88/AT].

In exercise of the powers conferred by the Central Government under sub-clause (ii) of clause (c) of sub-section (2) of Section 3 of the Destruction of Records Act, 1917 (Act 5 of 1917), the Chairman, Central Administrative Tribunal, hereby makes with the previous approval of the Central Government, the following rules to regulate the destruction of records, books and papers of all Benches of the Central Administrative Tribunal, namely:?

(Not printed)

Appendix VI

[See Rule 154(b)]

Departmentwise Classification of Cases

(A)     ALL-INDIA SERVICES

 

1.       Indian Administrative Service

 

2.       Indian Police Service

 

3.       Indian Forest Service

 

4.       Indian Foreign Service

 

(B)     OTHER SERVICES REGULATED BY CENTRAL GOVERNMENT SERVICE RULES

 

5.       M/o Agriculture

 

6.       M/o Chemicals & Fertilizers

 

7.       M/o Civil Aviation and Tourism

 

8.       M/o Civil Supplies, Consumer Affairs & Public Distribution

 

9.       M/o Coal

 

10.     M/o Commerce

 

11.     M/o Communications

 

12.     M/o Defence

 

13.     M/o Environment and Forests

 

14.     M/o External Affairs

 

15.     M/o Finance

 

16.     M/o Food

 

17.     M/o Food Processing Industries

 

18.     M/o Health and Family Welfare

 

19.     M/o Home Affairs

 

20.     M/o Human Resource Development

 

21.     M/o Industry

 

22.     M/o Information and Broadcasting

 

23.     M/o Labour

 

24.     M/o Law, Justice and Company Affairs

 

25.     M/o Mines

 

26.     M/o Non-Conventional Energy

 

27.     M/o Parliamentary Affairs

 

28.     M/o Personnel, Public Grievances and Pensions

 

29.     M/o Petroleum and Natural Gas

 

30.     M/o Planning and Programme Implementation

 

31.     M/o Power

 

32.     M/o Railways

 

33.     M/o Rural Development

 

34.     M/o Science and Technology

 

35.     M/o Steel

 

36.     M/o Surface Transport

 

37.     M/o Textiles

 

38.     M/o Urban Development

 

39.     M/o Water Resources

 

40.     M/o Welfare

 

41.     D/o Atomic Energy

 

42.     D/o Electronics

 

43.     D/o Ocean Development

 

44.     D/o Space

 

45.     Cabinet Secretariat

 

46.     President's Secretariat

 

47.     Prime Minister's Office

 

48.     Planning Commission

 

49.     Govt. of India Press

 

50.     Staff Selection Commission

 

(C)     OTHER SERVICES COVERED BY CENTRAL CIVIL SERVICES RULES, C. & A.G., PUBLIC SECTORS, AUTONOMOUS BODIES

 

51.     Comptroller and Auditor-General of India

 

52.     Controller-General of Accounts

 

53.     Chief Election Commissioner

 

54.     Planning Commission

 

55.     Union Public Service Commission

 

56.     U.T. of Andaman & Nicobar Islands

 

57.     U.T. of Chandigarh

 

58.     U.T. of Dadra & Nagar Haveli

 

59.     U.T. of Daman & Diu

 

60.     U.T. of Delhi

 

61.     U.T. of Lakshadweep

 

62.     U.T. of Pondicherry

 

63.     Central Board of Trustees/Central Provident Fund Commissioner

 

64.     Employees' State Insurance Corporation

 

65.     Central Board of Workers' Education

 

66.     National Labour Institute

 

67.     National Council of Safety in Mines, Dhanbad

 

68.     Council of Scientific and Industrial Research

 

69.     Central Social Welfare Board

 

70.     Indian Council of Agricultural Research

Appendix VII

[See Rule 154(c)]

Subjectwise Classification of Division Bench Cases

1.       Absorption in Public Sector/Autonomous Bodies/Other Departments

 

2.       Ad hoc appointments/Regularisation

 

3.       All-India Services

 

4.       Allotment/Vacation/Eviction of Quarters

 

5.       Civil Services Examination

 

6.       Creation and Abolition of Post

 

7.       Daily Wages/Casual/Regularisation

 

8.       Deputation/Repatriation

 

9.       Disciplinary Cases

 

(a)     Major Punishment?Dismissal/Removal/Compulsory Retirement/Reduction in Rank

 

(b)     Minor Punishment?Other Punishments

 

(c)     Suspension

 

10.     Extra Departmental Staff

 

11.     Leave Rules?Break in Service/Dies Non

 

12.     Lien

 

13.     Medical Facilities

 

14.     Probation

 

15.     Recruitment & Appointment

 

16.     Reservation for SC/ST/Ex-servicemen/Physically Handicapped

 

17.     Reversion

 

18.     Retirement under FR 56(J)

 

19.     Scale of pay

 

20.     Selection/Promotion

 

21.     Seniority/Confirmation

 

22.     Surplus Staff?Redeployment of

 

23.     T.A.

 

24.     Temporary Service Rules/Termination of Service

 

25.     Training

 

26.     Uniform and Washing Allowance

 

27.     Voluntary Resignation/Retirement

 

28.     All Single-Bench Cases Classified under the Heads (A) to (M) in Appendix VIII

Appendix VIII

[See Rule 154]

Subjectwise Classification of Single-Bench Cases

(a)     Allotment or Eviction from Government Accommodation

 

(b)     Claims of Medical Reimbursement, Leave, Joining Time, L.T.C. and Overtime

 

(c)     Compassionate Appointment/Appointment of Dependants (Dying in Harness)

 

(d)     Crossing of Efficiency Bar

 

(e)     Date of Birth

 

(f)      Entry in Character Rolls/Confidential Record/Service Record, made otherwise than as a measure of Penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965

 

(g)     Fixation of Pay

 

(h)     Grant of Passes to Railway Employees

 

(i)      Grant of Pension, Family Pension, other Retirement Benefits and interest on Retirement Benefits

 

(j)      Grant or Refusal to Grant Advances/Loans

 

(k)     Grant, Refusal or Recovery of Allowances

 

(l)      Postings/Transfers

 

(m)    Stagnation Increment

Appendix IX

[See Rule 156]

CENTRAL ADMINISTRATIVE TRIBUNAL, ??? BENCH

Inspection

(Not printed)



[1] Vide G.S.R. 591(E), dt. Sept. 6, 1993, published in the Gaz. of India, Extra., Part II, Section 3(i), dt. Sept. 6, 1993, pp. 77-139, No. 303 [No. P.B. 2-6-93] as corrected by G.S.R. 295(E), dt. Mar. 1, 1994, pub. in the Gaz. of India, Extra., Pt. II, S. 3(i), dt. Mar. 3, 1994, pp. 6-10, No. 103 [PB 2-2-1993-R].

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