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 ????????? .. |
|
Applicant/Petitioner |
By Legal Practitioner Mr/M/s ??? ..
A ????????? .. B ????????? .. |
|
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. |
|
of 20 |
????????????. ????????????. BY ADVOCATE SHRI??? |
|
APPLICANT(S) |
VERSUS
????????????. ????????????. BY
ADVOCATE SHRI????? |
|
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. |
|
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|
|
|
3. |
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4. |
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|
|
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 ??.. |
|
??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 |
|
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|
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 |
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|
(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 |
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Reserved
Matters |
Oral |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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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. |
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O.As. |
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C.Ps. |
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R.As. |
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R.As. (By
circulation) |
|
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Total |
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P.Ts. |
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M.As. |
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Total |
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Date |
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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 |
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TA |
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CA |
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CPs. |
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RA |
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Total |
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MA |
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PTs. |
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G. Total |
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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 |
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SB |
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OA |
DB |
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SB |
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CP |
DB |
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SB |
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CA |
DB |
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SB |
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RA |
DB |
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SB |
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MAs |
DB |
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SB |
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PTs |
DB |
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SB |
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Note: |
The number of cases pending at the places where there is a Bench of the
Tribunal (Other than Principal Seat) or where a circuit sitting is held and
the number of cases disposed of in each 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. |
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CA denotes Civil Applications |
2. |
Total must cross tally. |
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CP denotes Contempt Petition (Civil/Criminal) |
3. |
Information be furnished in figures. |
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RA denotes Review Applications |
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MA denotes Miscellaneous Applications |
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PT denotes petition for transfer |
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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 |
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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 |
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2 |
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3 |
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4 |
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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 |
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2 |
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3 |
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4 |
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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 |
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1 |
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2 |
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3 |
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4 |
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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 |
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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 |
|
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|
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 |
|
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|
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 |
|
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|
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|
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 |
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|
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 |
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2 |
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3 |
|
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4 |
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5 |
|
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|
|
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 |
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2 |
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3 |
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4 |
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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 |
|
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|
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 |
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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
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receipt of records from SC |
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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 |
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taken for compliance |
Remarks |
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Register Form No. 14
[See Rule 148]
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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 |
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Date up to
which to be retained |
Date on
which destroyed |
No. &
date of Notification of destruction |
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Part I |
Part II |
Part III |
Part I |
Part II |
Part III |
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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].