Union of India - Act
The Central Administrative Tribunal (Procedure) Rules, 1987
UNION OF INDIA
India
India
The Central Administrative Tribunal (Procedure) Rules, 1987
Rule THE-CENTRAL-ADMINISTRATIVE-TRIBUNAL-PROCEDURE-RULES-1987 of 1987
- Published on 6 January 1987
- Commenced on 6 January 1987
- [This is the version of this document from 6 January 1987.]
- [Note: The original publication document is not available and this content could not be verified.]
234.
In exercise of the powers conferred by clauses (d), (e) and (f) of sub-section (2) of section 35 and clause (c) of section 36 of the Administrative Tribunals Act, 1985 (13 of 1985) and in supersession of the Central Administrative Tribunals (Procedure) Rules, 1985, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-1. Short title and commencement .-(1) These rules may be called The Central Administrative Tribunal (Procedure) Rules, 1987.
2. Definitions .-In these rules, unless the context otherwise requires,-
3. Language of the Tribunal .- [(1)] The language of the Tribunal shall be English:
Provided that the parties to a proceeding before the Tribunal may file documents drawn up in Hindi, if they so desire:Provided further that(a)a Bench may, in its discretion permit the use of Hindi in the proceedings; [* * *] [The words " However, the final order shall be in English" omitted by G.S.R. 756(E), dated 18.10.1994 (w.e.f. 18.10.1994). ](b)the Bench, hearing the matter may in its discretion, direct English translation of pleadings and documents to be filed;(c)[ the Benches [* * *] [Inserted by G.S.R. 756(E), dated 18.10.1994 (w.e.f. 18.10.1994). ] may, in their discretion, make final orders either in Hindi or in English.]4. Procedure for filing applications .-(1) An application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorised legal practitioner to the Registrar or any other officer authorised in writing by the Registrar to receive the same or be sent by registered post with acknowledgment due addressed to the Registrar of the Bench concerned.
5. Presentation and scrutiny of applications .-(1) The Registrar, or the officer authorised by him under rule 4, shall endorse on every application the date on which it is presented or deemed to have been presented under that rule and shall sign the endorsement.
6. [ Place of filing application
.-(1) An application shall ordinarily be filed by an applicant with the Registrar of the Bench within whose jurisdiction-(i)the applicant is posted for the time being, or(ii)the cause of action, wholly or in part, has arisen:Provided that with the leave of the Chairman the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 25, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.7. Application fee .-Every application filed with the Registrar shall be accompanied by a fee of rupees fifty to be remitted either in the form of crossed demand draft on a nationalised bank in favour of the Registrar of the concerned Bench and payable at the main branch of that bank at the station where the seat of the said Bench is situate, or remitted through a crossed Indian Postal Order drawn in favour of the Registrar of the concerned Bench and payable at the post office of the station where the said Bench is situate:
Provided that where the Tribunal permit a single application to be filed, either by more than one person or by an Association, the fee payable shall be rupees fifty:Provided further that where the Tribunal is satisfied that an applicant is unable to pay the prescribed fee on ground of indigence, it may exempt such an applicant from the payment of fee.8. Contents of application .-(1) Every application filed under rule 4 shall set forth concisely under distinct heads the grounds for such application. Such grounds shall be numbered consecutively. Every application including any miscellaneous application shall be typed in double space on one side on thick paper of good quality.
9. Documents to accompany the application .-(1) Every application shall be accompanied by the following documents:
(i)an attested true copy of the order against which the application is filed;(ii)copies of the documents relied upon by the applicant and referred to in the application;(iii)an index of the documents.10. Plural remedies .-An application shall be based upon a single cause of action and may seek one or more reliefs provided that they are consequential to one another.
11. Service of notices and processes issued by the Tribunal .- [(1) Notices to be issued by the Tribunal may be served by any of the following modes-
(i)service by the party itself;(ii)by hand delivery (dasti) through a process server;(iii)by registered post "with acknowledgement due";(iv)[ through the concerned Head of Office of the same Department:]Provided that if the Tribunal does not specify the mode of service, notice may be sent by registered post "with acknowledgement due" and the provision of sub-rule (2) of rule 19-A of Order V of First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply to such mode of service.]12. Filing of reply and other documents by the respondents .-(1) Each respondent intending to contest the application, shall file in triplicate the reply to the application and the documents relied upon in paper book form with the Registry within one month of the service of notice of the application on him.
13. Date and place of hearing to be notified .-The Tribunal shall notify to the parties the date and the place of hearing of the application in such manner as the Chairman may by general or special order direct.
14. Calendar of cases .-(1) Each Bench shall draw up a calendar for the hearing of transferred cases and, as far as possible, hear and decide the cases according to the calendar.
15. Action on application for application's default .-(1) Where on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned, the applicant does not appear when the application is called for hearing, the Tribunal may in its discretion, either dismiss the application for default or hear and decide it on merit.
16. Ex parte, hearing and disposal of application .-(1) Where on the date fixed for hearing the application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the application is called for hearing, the Tribunal may, in its discretion adjourn the hearing, or hear and decide the application ex parte.
17. [ Application for review
.-(1) No application for review shall be entertained unless it is filed within thirty days from the date of receipt of copy of the order sought to be reviewed.18. Substitution of legal representatives .-(1) In the case of death of a party during the pendency of the proceedings before the Tribunal, the legal representatives of the deceased party may apply within [ninety days] of the date of such death for being brought on record as necessary parties.
19. Adjournment of hearing .-The Tribunal may if sufficient cause is shown at any stage of proceedings grant time to the parties or any of them and adjourn the hearing of the application. The Tribunal may make such order as it thinks fit with respect to the costs occasioned by the adjournment.
20. Order to be signed and dated .-(1) Every order of the Tribunal shall be signed by the Member or Members constituting the Bench, which pronounced the order.
21. [ Publication of orders
.-(1) The Tribunal may publish its decisions which are deemed fit for publication, in a report entitled "Indian Law Report Central Administrative Tribunal....................................20....................." (for short "ILR.................CAT...........20.......").22. [ Communication of order to parties
.-(1) Every interim order, granting or refusing or modifying interim relief and final order shall be communicated to the applicant and to the concerned respondent or to their Counsel, either by hand delivery or by post free of costs:Provided that unless ordered otherwise by a Bench, a copy of the final order need not be sent to any respondent who has not entered appearance:Provided further that when the petitioner or the respondent is represented by a Counsel, under a single Vakalatnama, only one copy shall be supplied to such Counsel as named therein.]23. Inspection of the records .-(1) The parties to any case or their Counsel may be allowed to inspect the record of the case on making an application in writing to the Registrar.
24. Order and directions in certain cases .-The Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its order or to prevent abuse of its process or to secure the ends of justice.
25. Registration of legal practitioner's clerk .-(1) No clerk employed by a legal practitioner shall act as such in the Tribunal or be permitted to have access to the records and obtain copies of the orders of the Bench of the Tribunal in which the legal practitioner ordinarily practises unless his name is entered in the Register of clerks maintained by the said Bench. Such clerk shall be known as a "Registered Clerk".
26. Working hours of the Tribunal .-Except on Saturdays, Sundays and other public holidays, the office of the Tribunal shall, subject to any order made by the Chairman remain open from 9.30 a.m. to 6 p.m.
27. Sitting hours of the Tribunal .-The sitting hours of the Tribunal (including a vacation Bench) shall ordinarily be from 10.30 a.m. to 1.30 p.m. and 2.30 p.m. to 5 p.m. subject to any general or special order made by the Chairman, or by Vice-Chairman concerned with the prior approval of the Chairman.
28. Powers and functions of the Registrar .-(1) The Registrar shall have the custody of the records of the Tribunal and shall exercise such other functions as are assigned to him under these rules or by the Chairman or the Vice-Chairman of the Bench concerned by separate order.
29. Additional powers and duties of Registrar .-In addition to the powers conferred elsewhere in these rules, the Registrar shall have the following powers and duties subject to any general or special order of the Chairman or the Vice-Chairman of the Bench concerned, namely:-
30. Additional powers of the Registrar of the Principal Bench .-The Registrar of Principal Bench shall have the power to call for information and records and to inspect or cause to be inspected the registry of the other Benches under general or special orders as may be issued by the Chairman from time to time.
31. Seal and emblem .-The official seal and emblem of the Tribunal shall be such as the Central Government may specify.
32. Dress of the Members and staff of the Tribunal .-The dress for the Members of the Tribunal (including Chairman and Vice-Chairman) and Members of the staff of the Tribunal shall be such as the Chairman may specify.
33. Dress of the parties .-A legal practitioner or, as the case may be, a presenting officer shall appear before the Tribunal in his professional dress, if any, and if there is no such dress:-
| Sl. No | Description of documents relied upon | Page No. |
| 1. Application | ||
| 2. | ||
| 3. | ||
| 4. | ||
| 5. | ||
| 6. | ||
| Signature of the application | ||
| For use in Tribunal's Office | ||
| Date of filing..................................OrDate of Receipt by Post.................Registration No...............................SignatureFor Registrar |
1. Particulars of the order against which the application is made:
(Particulars of the order giving the details like the number, date and the authority which has passed the order, against which the application is made).2. Jurisdiction of the Tribunal:
The applicant declares that the subject-matter of the order against which he wants redressal is within the jurisdiction of the Tribunal.3. Limitation:
The applicant further declares that the application is within the limitation period prescribed in section 21 of the Administrative Tribunals Act, 1985.4. Facts of the case:
(Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue or fact).5. Grounds for relief with legal provisions:
6. Details of the remedies exhausted:
The applicant declares that he has availed of all the remedies available to him under the relevant service rules, etc.(Give here chronologically the details of representations made and the outcome of such representations with reference to the number of Annexure to be given in support thereof.)7. Matters not previously filed or pending with any other Court:
The applicant further declares that he had not previously filed any application, writ petition or suit regarding the matter in respect of which this application has been made, before any Court or any other authority or any other Bench of the Tribunal nor any such application, writ petition or suit is pending before any of them.In case the applicants had previously filed any such application, writ petition or suit, the stage at which it is pending, and if decided, the list of the decisions should be given with reference to the number of Annexure to be given in support thereof.8. Reliefs sought:
In view of the facts mentioned in para 6 above the applicant prays for the following relief(s):-(Specify below the relief(s) sought explaining the grounds for such relief(s) and the legal provisions, if any, relied upon).9. Interim order, if any, prayed for:
Pending final decision on the application, the applicant seeks the following interim relief:(Give here the nature of the interim relief prayed for.)10. In the event of application being sent by registered post, it may be stated whether the applicant desires to have oral hearing at the admission stage and if so, he shall attach a self addressed Post-Card or Inland Letter, at which intimation regarding the date of hearing could be sent to him.
11. Particulars of Bank Draft/Postal Order filed in respect of the application fee.
12. List of enclosures:
1.
2.
3.
4.
VERIFICATIONI.......................................(Name of the applicant) S/o, W/o, D/o............................. ..............., age ............................working as .........................in the office of.................................., resident of .....................................do hereby verify that the contents of paras....................................... to ............................are true to my personal knowledge and paras.......................................... to ...........................believed to be true on legal advice and that I have not suppressed any material fact.Date: .........................Place: ........................Signature of the applicant].FORM II[See rule 4(4)]RECEIPT SLIPReceipt of the application filed in the Central Administrative Tribunal. ................Bench by Shri/Kum/Smt .....................................................................in the Ministry/Department/Office of ...........................residing at .......................is hereby acknowledged.Dated :.........................Seal: ..........................For Registrar,Central Administrative Tribunal... ..............BenchFORM III[See rule 8(3)]IN THE CENTRAL ADMINISTRATIVE TRIBUNAL.................................... BENCHMisc. Application No .......................................................of.......................................................... in Original /Transferred Application No ..........................of.......................................................... XXX ...........................................................................................................Applicant/ Petitioner)VersusYYY........................................................................................................Respondent /Applicant)Brief facts leading to the application.Relief or Prayer:VERIFICATIONI . ............................................................................................(Name of the applicant) S/o, D/o,W/o ................................... age...............................working.....................................................in the office of ................................................... resident of.............................do hereby verify that the contents of para ............................to.....................are true on legal advice and that I have not suppressed, any material fact.Place: ...........................Dated: .........................Signature of the applicantSignature of the AdvocateFORM IV[See rule 25(2)]APPLICATION FOR THE REGISTRATION OF A CLERK1. Name of legal practitioner on whose behalf the clerk is to be registered.
2. Particulars of the clerk to be registered.
| Attested passport size photograph to be pasted |