Thamasoma Jyothirgamaya
HARMONY AN E-MAGAZINE ON CSIR/GOI SERVICE & RELATED ISSUES
Founder-Editor, Compiling & Publishing Ch. Srinivasa Rao Formerly COA, CSIR-NGRI, Hyderabad
Vol. IX
April 2012
No. 206
Counselling & Review: Review: B.J. Acharyulu, Head, F&A, CDFD, Hyderabad E-Mail assistance: D.S D.S. Sundar, Assistant (F&A), (F&A), NGRI, Hyderabad
___________________________________________________________________________ Orders of Central Govt. which are reproduced in "HARMONY" whether duly endorsed by the CSIR or not, are applicable to its employees to a large extent unless and otherwise such Orders involve financial implications. Articles on Service issues, Management, Motivation, Material Science, Supply Chain Management, Attitudinal Behaviour and related issues are welcome through E-mail or other means. Material published in “HARMONY” can be used purely in academic interest with due acknowledgement. The opinions expressed or inferences drawn in the material published in “HARMONY” do not necessarily reflect the views of Editor nor CSIR/Swamy Publishers (P) Ltd., Chennai shall take any responsibility whatsoever for any inaccuracies or claims. “HARMONY” is transmitted through E-mail free of cost. Send your E-mail ID. “harmonysrinivas@gmail.com or “harmony_csir@yahoo.co.in” Mobile: 91-94904 62583 -- Res: 040-2715 0736
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CSIR/GOI ORDERS FILING OF NOMINATIONS FOR CSIR BENEVOLENT FUND The CSIR Benevolent Fund Scheme was implemented in CSIR Labs./Instts w.e.f. 1-1-1987, including the HQs. for the benefit of the staff. The object of the Scheme is to provide, as a special measure, assistance to the members of the Fund or to their families, in real distress. So far the scheme has been very beneficial to the family members of the deceased/ disabled members and relief in the form of financial assistance to their nominees in the time of distress. The subscribers to the Fund are required to fill in the nomination forms, identifying the beneficiary under the Scheme. It has been observed that nominations are not available in respect of a number of staff members from CSIR HQs., IPMD, URDIP, Pune, CSIR Complex including HRDG, RAB, ESD and HRDC, Ghaziabad, and also from certain other Labs./Instts. It is, therefore, requested to file the fresh nominations and submit the same in E-III Section, CSIR HQs. latest by 31-3-2012. The fresh nominations on submission shall supersede the previous nominations submitted by them, if any. [CSIR O.M. No. 6-9(145)/87-E.III dt. 6-3-2012] GUIDELINES FOR COMPLIANCE TO QUALITY REQUIREMENT OF E-PROCUREMENT SYSTEMS The Central Vigilance Commission (CVC) has been advocating leveraging of technology for activities prone to corruption since 2006 and one of the prominent initiatives was adoption of e-procurement for goods, works and services by all Ministries/Departments/ Organisations. The CVC advised all Organizations to ensure security of the e-procurement systems and to get their system certified by Department of Information Technology (DIT). The DIT in turn requested its attached Office Standardization, Testing and Quality Certificate (STQC) Directorate to establish necessary processes and systems to enable certification of e-Procurement systems. Accordingly, the guidelines prepared by STQC in this regard approved and notified by the DIT is available on egovstandards Website [www.egovstandards.qov.in]. The guidelines are also available on Commission's website www.cvc.nic.in (link-circular/instructions). All the concerned are advised to use these guidelines for compliance to quality requirements for certifying the e-Procurement systems. [CSIR Lr. No. 15-1(120)/90-Vig. dt. 14-3-2012; CVC Circular No. 01/01/2012 (No.010/VGI/035/16173 dt. 12-1-2012]
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CONSIDERATION OF INDIAN AGENTS FOR SUPPLY OF MATERIAL In continuation of CVCs Circular Nos. 12-02-6-CTE/SPI(I)-2 dated 7-1 2003 and 21-4-2004, the Commission has been stressing on the need for observing transparency and determination of prices in a fair market competition while dealing with the tenders relating to procurement. The above OMs were issued to reduce the possibility of collusion and cartelization among the bidders so that competitive fair market price of the items of procurement can be determined. A number of references have been received in the CVC citing certain specific situations/difficulties being faced in dealing with tenders. Accordingly, in supersession to the earlier OMs dated 7-1-2003 and 21-4-2004, Commission has decided that in all cases of procurement, the following guidelines may be followed while preparing the tender conditions: a)
In a tender, either the Indian agent on behalf of the Principal/OEM or Principal/OEM itself can bid but both cannot bid simultaneously for the same item/product in the same tender.
b)
If an agent submits bid on behalf of the Principal/OEM, the same Agent shall not submit a bid on behalf of another Principal/OEM in the same tender for the same item/product.
[CSIR Lr. No. 15-1(120)/90-Vig. dt. 14-3-2012; CVC Circular No.03/01/12 (No.12-02-6/CTE/SP1(1)-2/167 dt. 13-1-2012] DEVELOPMENT OF ERP APPLICATION MODULES FOR CSIR The Consultant Agencies have completed the development of ERP applications modules and have tested these modules for their seamless integration and inter-operability across modules. The Handbook/Reference Compendium on the ESS and Finance Modules were widely circulated among the staff members. Other modules have also been finalized and are being sent as soft copies by end of March 2012. Subsequently, hard copies will be sent by April 2012. It would be necessary to allocate the links associated with various processes to each of the employees in CSIR in keeping with the roles that are to be performed and their responsibility areas in the following manner: i)
The mapping of pre-defined roles to individual employees can be performed in the HR portal. This is a significant step in terms of its implications, as access privileges for performing various tasks are granted to the employees on the basis of this mapping.
ii)
Since all operations in CSIR are carried out in a project mode, all the employees are also mapped to a project. These projects are created under the R&D Portal and employees mapped to such projects.
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iii)
Notional projects have also been created for administrative personnel and for activities such as infrastructure development, generic facilities management and works.
iv)
There are also additional provisions in the configuration module within each of the ERP modules to customize and provide for accommodating Lab.-specific variations to the default role definitions, which authenticate and provide access privileges for performing various activities.
Once the role mapping is completed, a given employee can see the relevant generic links associated with his/her responsibility areas, when he/she logs on to the system using his/her employee ID. He would also receive on his “in tray” relevant items of work entrusted to him or passed on by “others” in the work-flow on which he is required to act. As a pre-requisite to enable the operations to go online, one other significant step is to populate the required tables with the initial data set. It would be necessary to extend the contract of the Data Entry Operators who have been engaged under the ICT Transformation Project in various Labs./Instts. to ensure that they are available for the entry of the initial data sets on the basis of instructions from the Lab.-Level Implementation Team who function in collaboration with the BD-PME Heads. Commensurate with the rigorous efforts that had gone in over the last two years, we may need to be persistent in our efforts over the next 12 months in this new financial year 2012-13 to transition to the online operations. This transition will get accomplished progressively in small steady steps, consolidate and reinforce the beneficial outcomes that we experience in the process of taking forward the implementation progressively. [CSIR D.O. No.2/70/2009-JS dt. 15-3-2012] E-PAYMENT TO ALL THE PARTIES INCLUDING THE INDIVIDUALS In order to ensure compliance with instructions circulated vide CSIR letter No.5-1(17)/08-PD dated 5-1-2012 and CSIR OM No.3(34)/2010-Finance dated 9-7-2010 regarding payments to all staff/pensioners/suppliers/ contractors/relating to remittances etc. or any other person/agency, all payments shall be made by NEFT/RTGS/ECS mode only and in no case, payment shall be made by means of cheque/cash hereafter. Hence, all the DDOs may ensure that while sending any sanctions/bills to Audit Section for payment, necessary bank details such as Name of the Beneficiary Account No., Nature of Account, MICR No., Name of the Bank, Name & Address of Branch, Branch Code, IFS Code of the individual/party concerned required for making payment through NEFT/RTGS/ECS are sent with the bill/invoice.
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Any request for payment through cheque/cash after that date shall be entertained only in exceptional circumstances with the approval of competent authority. [CSIR Circular No.40-4 (Misc)/2012-Audit dt. 16-3-2012]
UP-DATING SWAMY’S HANDBOOK Page
Subject matter with reference
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Section 2: Central Govt. Health Scheme 1. General provisions Add under Family – after 3rd para Dependant children of widowed/separated daughters who are residing with CGHS Beneficiary also eligible for medical facilities up to the age of 18 years with effect from 19-1-2012
202
Section 17: Miscellaneous 16. Holidays Declaration of holidays on election days – Substitute for the existing para – “When General Elections to Lok Sabha/State Assemblies are held on a day other than a Sunday or closed holidays, the date of polling will be declared as a holiday for Central Government Offices. For by-election to Lok Sabha/State Assembly, special casual leave should only be sanctioned to such of those employees who are bona fide voters and also to such of those employees who are resident of the Constituency but his/her Offices are located outside the constituencies.
[Swamysnews, March 2012, 1-2] FRESH EMPANELMENT OF PRIVATE HOSPITALS AND DIAGNOSTIC CENTRES AND REVISION OF PACKAGE RATES The continuous empanelment scheme has been initiated under CGHS, Bangalore, Bhopal, Kanpur, Jabalpur, Mumbai, Hyderabad, Delhi and Pune for treating CGHS beneficiaries. The CGHS rates applicable have already been notified and are available on CGHS Website. The rates were notified for super-specialty hospitals, hospitals that were accredited with the NABH and the hospitals which are not accredited with the NABH. Fur full information, the original circular may be perused. [GOI MOH O.M. No. S.11011/23/2009/CGHS D.II/Hospital Cell/Part IX dt. 16-11-2011; Swamysnews, March 2012, 3-12]
6 EMPANELMENT OF PRIVATE HOSPITALS AND DIAGNOSTIC CENTRES AND REVISION OF PACKAGE RATES The continuous empanelment scheme has been initiated under CGHS, Lucknow, Hyderabad, Chennai, Pune, Chandigarh, Jabalpur and Delhi for treating CGHS beneficiaries. The CGHS rates applicable have already been notified and are available on CGHS Website. The rates were notified, one for super-specialty hospitals, the second for hospitals that were accredited with the NABH and the third for hospitals not accredited with the NABH. For full information, the original circular may be perused. [GOI MOH O.M.No.S.11011/23/2009/CGHS D.II/Hospital Cell/Part IX dt. 5-1-2012; Swamysnews, March 2012, 3-12] RECOGNITION OF ASHIRVAD HOSPITAL & RESEARCH CENTRE, VARANASI The Ashirvad Hospital & Research Centre, Varanasi has been empanelled under CS (MA) Rules, 1944. The schedule of charges for the treatment of CG employees and the members of their family under CS (MA) Rules will be the rates fixed for CGHS, Allahabad. The approved rates are available on the Website of CGHS (www.mohfw.nic.in//cghs.html). [GOI MOH O.M. No.S.14021/10/2009-MS dt. 16-1-2012; Swamysnews, March 2012, 22-26] EMPANELMENT OF PRIVATE HOSPITALS AND DIAGNOSTIC CENTRES It has been decided to empanel a further list of hospitals and diagnostic centres under CGHS Bangaluru and Hyderabad. For full information, the original circular may be perused. [GOI MOH O.M. No. S.11011/23/2009/CGHS D.II/Hospital Cell/Part IX dt. 17-1-2012; Swamysnews, March 2012, 26-28] INCLUSION OFDEPENDANT CHILDREN OF WIDOWED/SEPARATED DAUGHTERS OF CGHS BENEFICIARIES It has been decided to expand the definition of “family” under Central Govt. Health Scheme to include the minor children of widowed/separated daughters who are dependant upon the CGHS beneficiary. The upper age limit of the dependants minor children for the purpose of being eligible for CGHS medical facilities will be 18 years, the age of their becoming major. They should be normally residing with the Govt. servant/pensioner. These instructions will take effect from 19-1-2012. [GOI MOH O.M.No.S.11011/32/2011/CGHS(P) dt. 19-1-2012; Swamysnews, March 2012, 28-29]
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RENEWAL OF RECOGNITION OF DR. RAMESH CARDIAC & MULTISPECIALITY HOSPITAL LTD., VIJAYAWADA It has been decided to empanel/revise the rates of Dr. Ramesh Cardiac & Multispeciality Hospital Limited, Vijayawada, Andhra Pradesh under CS (MA) Rules, 1944. The schedule of charges for the treatment of CG employees and the members of their family will be the rates fixed for CGHS, Thiruvananthapuram. [GOI MOH O.M.No.S.14020/10/2010-MS dt. 30-1-2012; Swamysnews, March 2012, 29-33] ANNUAL MEDICAL EXAMINATION FOR GROUP “A” OFFICERS It has been decided that Group A Officers of Central Civil Services/ Posts above the age of 40 years will be covered by the Annual Medical Checkup Scheme. The following package rates for the above purpose have been approved: i)
Annual Medical Examination of Men Officers:
Rs.2,000/-
ii)
Annual Medical Examination of Women Officers: Rs.2,200/-
The Officers outside Delhi/NCR where CGHS/CS(MA) Rules recognized hospitals are available would follow. The medical reports may be filed in ACRs of respective staff members while providing a copy to the individuals. The list of medical tests for the above purpose have also been provided. [GOI DOPT O.M.No.21011/1/2009-Estt.(A)-Part dt. 1-2-2012; March 2012, 33-39]
Swamysnews,
ENHANCEMENT OF VARIOUS ALLOWANCES BY 25% OWING TO OVER 50% INCREASE IN D.A. FROM 1-1-2011 On implementation of the recommendations of the 6th CPC, necessary orders in respect of various allowances and certain advances were issued by the Govt. Some of these orders inter alia stipulated that such allowances/ advances shall automatically increase by 25% whenever the DA goes up by 50%. It is clarified that such orders in respect of the allowances and advances, which provide for their automatic increase by 25% whenever the DA goes up by 50% do not require further confirmation/clarification for complying with the said stipulations. List of Allowances & Advances 1. 2.
Children Education Allowance including Hostel Subsidy, etc. Special Allowance
8 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.
Cash Handling Allowance Washing Allowance Split Duty Allowance Bad Climate Allowance Special Compensatory (Remote Locality) Allowance (a) All components of DA on tour (b) Mileage Allowances for road and bicycle journeys on tour Special Compensatory (Hill Area) Allowance Special Compensatory Scheduled Tribal Area Allowance Project Allowance Fixed Conveyance Allowance Cycle Maintenance Allowance Special Allowance for child care for women with disabilities Desk Allowance Advances for: (a) purchase of Bicycle (b) Warm Clothing (c) Festival (d) Natural Calamity
[GOI DOP O.M.No.F.No.5-06/2011-PAP dt. 24-1-2012; Swamysnews, March 2012, 39-40] AMENDMENT IN THE COMMON CENTRAL LISTS OF OTHER BACKWARD CASTES The National Commission for Backward Classes (NCBC) has further recommended castes and communities (including sub-castes and their synonyms) for inclusion or amendment in the Central Lists in respect of 16 States, namely, Andhra Pradesh, Assam, Bihar, Chhattisgarh, Goa, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Odisha, Sikkim, Tamil Nadu, Uttarakhand and West Bengal and four Union Territories, namely, Andaman & Nicobar Islands, Chandigarh, National Capital Territory of Delhi and Puducherry. Accordingly the Central Govt. notified the inclusion and amendments in the said Central List of OBCs in respect of the aforesaid States and UTs. For details, the original circular may be perused. [GOI MOSJ&E Resln. No.F.No.12015/13/2010-BC dt.8-12-2011; Swamysnews, March 2012, 40-53] CONCESSIONS TO PERSONS RE-EMPLOYED IN GOVT. SERVICE: PAYMENT OF TRAVELLING ALLOWANCE It has been decided that pensioners re-employed to posts, where holding of a post under the CG is a pre-requisite for such re-employment or where the Recruitment Rules of the post to which the pensioner is reemployed provides this as one of the qualifications, would be entitled to Travelling Allowance, subject to the following: i)
The entitlement for TA would be with reference to the post last held and the last pay drawn under the Govt. at the time of retirement.
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ii)
The provisions of SR 116 of the TA Rules, as admissible to Govt. Officials on transfer in public interest would be applicable.
iii)
Unless provided for in the terms and conditions of the post where the pensioner is re-employed, if ‘TA on Retirement’ has already been claimed by the re-employed pensioner from the Office/Organization from where he has retired/superannuated, no additional TA would be admissible on expiry of the term of his re-employment. If the reemployed pensioner has not claimed ‘TA on Retirement’ within six months of his retirement and he is re-employed under the CG before the expiry of six months from his date of superannuation/retirement, he can claim ‘TA on Retirement’ after expiry of the term of his reemployment, w.r.t. the post held at the time of retirement and pay last drawn at the time of retirement, in terms of GOI Order No.2 below SR 147. In such an event, the ‘TA on Retirement’ would be reimbursed by the Office/Organization from where the re-employed pensioner had retired/superannuated. Past cases, already settled would not be re-opened.
[GOI MOF O.M. No.19030/6/2010-E.IV dt. 10-2-2012; 2012, 59]
Swamysnews, March
APPLICATION OF REVISED GROUP D PAY SCALES TO CASUAL LABOURERS WITH TEMPORARY STATUS It has been decided that the wages of Casual Labourers who were granted the Temporary Status in terms of provisions of the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993 issued by the DOPT and were in receipt of wages based on the pre-revised S-1 scale as on 1-1-2006 may be worked out and paid on the basis of the Pay Band 1 with Grade Pay of Rs.1800 w.e.f. 1-1-2006, provided they are Matriculates in case of similarly placed non-Matriculate temporary status casual labourers the above benefit of wages w.e.f. 1-1-2006 may be extended only after imparting requisite training by the respective administrative Ministry/Departments on the lines indicated in the MOF O.M.No.1/1/2008-IC dated 24-12-2008. [GOI DOPT O.M.No.49011/31/2008-Estt.(C) dt. 23-1-2012; March 2012, 60]
.o.
Swamysnews,
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CENTRAL ADMINISTRATIVE TRIBUNAL: NATURE, SCOPE, ROLE & FUNCTIONS Ch. Srinivasa Rao Founder-Editor, “HARMONY” and Formerly COA, CSIR-NGRI Hyderabad Introduction The Hon'ble Chief Justice of India, Hon'ble Judges of the Supreme Court as well as the Hon'ble Prime Minister of India and Hon'ble Minister of Law were very much concerned that the delay in deciding cases pending in Courts for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other Local Authorities within the territory of India or under the control of Govt. of India and for matters connected therewith. It was realized that setting up of Administrative Tribunals exclusively would go a long way in reducing the burden on the various courts and reduce pendency and would also provide to the persons covered by the ATs, a speedy, cheap and effective remedy. Accordingly, the Parliament enacted the Administrative Tribunals Act, 1985 (ATs). In pursuance of the amendment of Constitution of India by Article 323A, the Central Administrative Tribunal (CAT) got established. Definitions “Act” means the Administrative Tribunals Act, 1985 (13 of 1985). “Agent” means a person duly authorized by a party to present an application, written reply, rejoinder or any other document on its behalf before the Tribunal; “Administrative Member” means a Member of a Tribunal who is not a Judicial Member; “Administrative Tribunal” in relation to a State, means the Administrative Tribunal for the State or the Joint Administrative Tribunal for that State and any other State or States; “Applicant” means person making an application to the Tribunal. “Application” means an application made under section 19;
11 “Appointed day” in relation to a Tribunal, means the date with effect from which it is established by Notification; “Appropriate Govt.” in relation to the CAT or a Joint Administrative Tribunal (JAT), means the Central Govt.; and in relation to a State AT, the State Govt.; “Bench” means a Bench of a Tribunal; “Central Administrative Administrative Tribunal” means the Tribunal established under sub-section (1) of section 4;
Administrative
“Chairman” means the Chairman of a Tribunal; "Code" means the Code of Criminal Procedure; “Joint Administrative Tribunal” means an Administrative Tribunal for two or more State established under sub-section (3) of section 4; "Judicial Member" means a Member of a Tribunal appointed as such under this Act, and includes the Chairman “Legal practitioner” shall have the same meaning as is assigned to it under the Advocates Act, 1961; “Legal representative” means a person who in law represents the estate of the deceased person and includes a person or persons in whom the right to receive pensionary, retirement, terminal or other benefits or family pension vests; “Member” means a Member (Judicial/Administrative) of a Tribunal, and includes the Chairman; “Notification” means a notification published in the Official Gazette; “Post” means a post within or outside India; “Prescribed” means prescribed by rules under the Administrative Tribunals Act, 1985; “President” means the President of India; “Registrar”, “Registrar” in relation to the Tribunal means the Registrar appointed to the Principal Bench and in relation to each of the other Benches of the Tribunal; “Registry” “Registry” means the Registry of the Tribunal or of the Bench of the Tribunal;
12 “Rules” means rules made under the Administrative Tribunals Act, 1985; “Service matters” means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the GoI, of any corporation or society owned or controlled by the Govt.; “Service rules as to redressal of grievances” means the rules, regulations, orders or other instruments or arrangements as in force for the time being with respect to redressal, otherwise than under this Act, of any grievances in relation to such matters; “Society” means a society registered under the Societies Registration Act, 1860 or under any corresponding law for the time being in force in a State; “Supreme Court” means the Supreme Court of India; “Transferred application” means the suit or other proceeding which has been transferred to the Tribunal; “Tribunal” means the Central Administrative Tribunal or a State Administrative Tribunal or a Joint Administrative Tribunal; “Vice“Vice-Chairman” means a Member who has been authorised by appropriate Govt. to perform administrative functions at each of the places where Benches of the Tribunal. In the case of a Tribunal having two or more Vice-Chairmen, references to the Vice-Chairman in this Act shall be construed as a reference to each of those Vice-Chairmen. Organization and scope In addition to Central Govt. (CG) employees, the GoI has notified a number of other organizations to bring them within the jurisdiction of the CAT. The ATs were established in November 1985 at Delhi, Mumbai, Calcutta and Allahabad. Today, there are 17 Benches of the Tribunal located throughout the country wherever the seat of a High Court is located, with 33 Division Benches. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranchi Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital. The Tribunal is a specialized organization, which deals with only service matters in respect of the CG employees and other employees who have been notified. The Tribunals provide a speedy, relatively inexpensive and efficacious remedy to the employees who feel aggrieved. The Tribunal is empowered to prescribe its own rules of practice for discharging its functions subject to the ATs Act, 1985 and Rules made thereunder. For this purpose, the CAT Rules of Practice, 1993 have been notified. Similarly, for the purpose of laying down a common procedure for all
13 Benches of the Tribunal, the CAT (Procedure) Rules, 1987 have been notified. The Tribunal has been conferred the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court. A sitting or retired Judge of a High Court heads the CAT as its Chairman. Besides the Chairman, the authorized strength consists of 16 ViceChairmen and 49 Members. The conditions of service and other perquisites available to the Chairman and Vice-Chairmen of the CAT shall be same as admissible to a serving Judge of a High Court as contained in the High Court Judges. The pending cases at the High Courts and Subordinate Courts were transferred to the Tribunal. The institution of cases in the Tribunal increased tremendously and at the same time, the rate of disposal of the cases has also quantitatively increased and in the Principal Bench of the Tribunal at New Delhi. Over 91% of cases of the Principal Bench of the Tribunal have been upheld in Writ Petition by the Delhi High Court. The employees of the CAT are required to discharge their duties under the general superintendence of the Chairman. Salaries and allowances and conditions of service of the Officers and other employees of the Tribunal are specified by the CG. The Tribunal follows the Principles of Natural Justice in deciding the cases. The procedure prescribed by the Evidence Act or CPC does not apply in Tribunal. Applicability or otherwise otherwise ATs Act extends to:
In so far as it relates to the CAT, to the whole of India; and
in so far as it related to the ATs for States, to the whole of India, except the State of Jammu & Kashmir. The Act is not applicable to: any member of the naval, military or air forces or of any other armed forces of the Union; Any Officer or servant of the Supreme Court or of any High Court or courts subordinate thereto; any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof, in the case of a Union Territory having a Legislature, of that Legislature.
14 Composition of Tribunals and Benches Each Tribunal shall consist of a Chairman and such number of Judicial and Administrative Members as the appropriate Govt. may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof. Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member. Act to have overover-riding effect The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. Procedure & Powers of Tribunals A Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by the Principles of Natural Justice and subject to the other provisions of this Act and of any rules made by the CG. The Tribunal shall have power to regulate its own procedure including fixing of places and time of its inquiry and deciding whether to sit in public or in private. A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and after hearing such oral arguments as may be advanced. A Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters: summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of documents; receiving evidence of affidavits; requisitioning any public record or document or copy of such record or document from any Office under Indian Evidence Act, 1872; issuing commissions for the examination of witnesses or documents; dismissing a representation for default or deciding it ex parte; setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
15 any other matter which may be prescribed by the CG; and reviewing its decisions. Powers & Functions of Chairman/ViceChairman/Vice-Chairman Financial & Administrative powers: The Chairman shall exercise such financial and administrative powers over the Benches as may be vested in him under the rules made by the appropriate Govt. which may designate one or more Members to the Vice-Chairman. The Vice-Chairman and the Members so designated shall exercise such of the powers and perform such of the functions of the Chairman as may be delegated to him by the Chairman by a general or special order in writing. Jurisdiction: The CAT shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts except the Supreme Court in relation to: a)
recruitment and matters concerning recruitment, to any All-India/Civil Service of the Union or a civil post under the Union or to a post connected with defence or in the defence service, in either case, a post filled by a civilian;
b)
all service matters concerning: a member of any All-India Service; or a person appointed to any Civil Service of the Union or any civil post under the Union; or a civilian appointed to any defence services or a post connected with defence, and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Govt. of India or of any corporation or society owned or controlled by the Govt.;
c)
all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post being a person whose services have been placed by a State Govt. or any local or other authority or any corporation or society or other body, at the disposal of the CG for such appointment.
d)
recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation or society;
16 The Chairman may, in addition to discharging the functions of the Judicial Member or the Administrative Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Administrative Member, of any other Bench; transfer a Member from one Bench to another Bench; authorize the Judicial Member or the Administrative Member appointed to one Bench to discharge also the functions of the Judicial Member or the Administrative Member, as the case may be, of another Bench; and; for the purpose of securing that any case or cases which having regard to the nature of the questions involved requires or require, in his opinion or under the rules made by the CG in this behalf to be decided by a Bench composed of more than two Members issue such general or special orders, as he may deem fit. Resignation & Removal The Chairman or other Members may, by written notice under his hand addressed to the President, resign his Office; provided that the Chairman or other Member shall, unless he is permitted by the President to relinquish his Office sooner, continue to hold Office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his Office or until the expiry of his term of Office, whichever is the earliest. The Chairman or any other Member shall not be removed from his Office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. The CG may regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman or other Member. Powers & functions of Registrar i)
The Registrar shall have the custody of the records of the Tribunal and exercise such other functions as are assigned to him. The Registrar, with the approval of the Chairman or the Vice-Chairman of the Bench concerned may delegate any function or power required by these rules to be performed or exercised by the Registrar to the Dy. Registrar.
ii)
In the absence of the Registrar, the Dy. Registrar or any other Officer to whom the powers and functions of the Registrar are delegated by the Chairman or the Vice-Chairman may exercise the powers and functions of the Registrar.
17 iii)
The Official seal shall be kept in the custody of the Registrar. The seal of the Tribunal shall not be affixed to any order, summons or other process or any certified copy issued by the Tribunal;
iv)
to inspect the records of the Tribunal;
v)
to requisition records from the custody of any court or other authority;
vi)
to receive and dispose of applications for substitution except where the substitution would involve setting aside an order of abatement ;
vii)
to receive and dispose of applications by parties for return of documents.
In addition, 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. Working/Sitting hours Except on Saturday, Sundays and other public holidays, the Office of the Tribunal shall remain open from 9.30 A.M. to 6.00 P.M., and 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 5.00 P.M. Power to make rules By the the Central Govt.: The CG may by notification, make rules to carry out the provisions of this Act, without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters: the case(s) which shall be decided by a Bench composed of more than two Members; the procedure for the investigation misbehaviour or incapacity or Chairman or other Member; the salaries and allowances payable to and the other terms and conditions of the Chairman and other Members; the form in which an application may be made, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application or for the service or execution of processes. the rules, subject to which a Tribunal shall have power to regulate its own procedure and the additional matters in respect of which a Tribunal may exercise the powers of a civil court; and
18 any other matter which may be prescribed or in respect of which rules are required to be made by the CG . By appropriate Govt.: The appropriate Govt. may make rules to provide for all or any of the following matters, namely, the financial and administrative powers which the Chairman of a Tribunal may exercise over Benches of the Tribunal: a)
the salaries and allowances and conditions of service of the Officers and other employees of a Tribunal; and
b)
any other matter not being a matter in respect of which rules are required to be made by the appropriate Govt.
Every rule made under this Act by the CG shall be laid, as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days. However, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Similarly, every rule made by a State Govt. under this Act shall be laid as soon as may be after it is made before the State Legislature. Retrospective effect: The power to make rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President; but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable. To remove remove difficulties: If any difficulty arises in giving effect to the provisions of this Act, the CG may by Order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty. Every order made under this section shall be laid before each House of Parliament. Exclusion of jurisdiction of courts On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any Service or persons appointed to any Service or post, no court except the Supreme Court or any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947, or any other corresponding law for the time being in force shall have or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters. Transfer of cases Pending cases: Every suit or other proceeding, pending before any court or any other authority immediately before the date of establishment of a Tribunal, within the jurisdiction of such Tribunal, shall stand transferred on
19 that date to such Tribunal; provided that nothing shall apply to any appeal pending as aforesaid before a High Court. Where any case stands transferred to a court, that court may proceed to deal with such case from the stage which was reached before it stood so transferred. Where any suit, appeal or other proceeding stands transferred from any court or other authority to a Tribunal, the court or other authority shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the Tribunal. The Tribunal may proceed to deal with such suit, appeal or other proceeding in the same manner as in the case of an application from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.
Transfer from from one Bench to another: On the application of any of the parties and after notice to the parties, and after hearing them as the Chairman may desire to be heard or on his own motion without such notice may transfer any case pending before one Bench for disposal to any other Bench. Language of the Tribunal The language of the Tribunal shall be English. 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; (b) the Bench, hearing the matter may in its discretion direct English translation of pleadings and documents to be filed; and (c) the Benches may, in their discretion, make final orders either in Hindi or in English. The CAT Procedure The procedure for handling the affairs of the CAT is detailed in the Central Administrative Tribunal (Procedure) Rules, 1987. Application to Tribunal Subject to the other provisions of this Act a person aggrieved by any order made by (i) by the Govt. or a local or other authority within the territory of India or under the control of the Govt. of India or by any corporation or society owned or controlled by the Govt.; or (ii) by an Officer, committee or other body or agency of the Govt. or a local or other authority or corporation or society referred to in clause (i), pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance. For the purposes of this sub-section, “order� means an order made:
20 Every application shall be in such form and be accompanied by such documents or other evidence and by such fee, if any, not exceeding Rs.100/in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the CG The Tribunal shall, on receipt of an application, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application. If the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons. Where an application has been admitted by a Tribunal, every proceeding under the relevant service rules as to redressal of grievances in relation to the subject matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules. Limitations A Tribunal shall not admit an application in a case (a) where a final order has been made in connection with the grievance, unless the application is made within one year from the date on which such final order has been made; and (b) where an appeal or representation has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months. Notwithstanding anything contained in sub-section (1), where (a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates; and (b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court, the application shall be entertained by the Tribunal, if it is made within the prescribed period or within a period of six months from the said date, whichever period expires later. Application fee Every application filed with the Registrar shall be accompanied by a fee of Rs.50/- to be remitted either in the form of crossed demand draft drawn on a Nationalized 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 situated, or remitted through a crossed IPO drawn in favour of the Registrar of the concerned Bench and payable at the Post Office of the station where the said Bench is situated.
21 Where the Tribunal permits a single application to be filed, either by more than one person or by an Association, the fee payable shall be Rs.50/only. The Tribunal, if it 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. Procedure for filing applications An application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorized Legal practitioner or be sent by “Regd. Post with Ack. Due� duly addressed to the Registrar of the Bench concerned. The application shall be presented in triplicate in the following two compilations: Compilation No.1:
Application along with the impugned order, if any;
Compilation No.2:
All other documents and Annexures referred to in the application in paper book form
Where the number of respondents is more than one, as many extra copies of the application in paper-book form as there are respondents together with unused file size envelope bearing the full address of each respondent shall be furnished by the applicant. The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar or the Officer receiving the application on behalf of the Registrar in acknowledgement of the receipt of the application. The Tribunal may, if it is satisfied, permit more than one person to join together and file a single application, having regard to the cause and the nature of relief prayed for that they have a common interest in the matter. Such permission may also be granted to an Association representing the persons desirous of joining in a single application; provided that the application shall disclose the class/grade/categories or persons on whose behalf it has been filed provided that at least one affected person joins such an application. Place of filing applications An application shall ordinarily be filed by an applicant with the Registrar of the Bench within whose jurisdiction (i) the applicant is posed for the time being or (ii) the cause of action, wholly or in part has arisen. Provided that with the level of the Chairman the application may be filed with the Registrar of the Principal Bench and such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.
22
Persons who have ceased to be in service by reason of retirement, dismissal or termination of service may at his option file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application. Contents of application Every application filed 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. It shall not be necessary to present a separate application to seek an interim order or direction, if it is prayed for in original application. However, the applicant may subsequent to the filing of an application, apply for an interim order or direction in Form III. Every application shall be accompanied by (i) 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; and (iii) an index of the documents. If an applicant seeks “condonation of delay”, he shall file a separate application along with the supporting documents. Certification of documents The documents may be attested by a Legal practitioner or by a Gazetted Officer and each document shall be marked serially as Annexures A1, A2, A3, and so on. Where an application is filed by any agent, documents authorizing him to act as such agent shall also be appended to the application. If an application is filed by a Legal practitioner, it shall be accompanied by a duly executed ‘Vakalatnama’. Remedies to be exhausted A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances. A person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances: a)
b)
if a final order has been made by the Govt. or other authority, such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or where no final order has been made by the Govt. or other authority, such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made is expired.
23
For the purpose any remedy available to an applicant by way of submission of a Memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be one of the remedies which are available unless the applicant desired to submit such Memorial. 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. Scrutiny of applications The Registrar or the Officer authorized by him 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. On scrutiny, if the application is found to be in order, it shall be duly registered and given a serial number. If it is found to be defective and the defect noticed is to be formal in nature, the Registrar may allow the party to satisfy the same in his presence. If the defect is not formal in nature, the Registrar may allow the applicant such time to rectify the defect as he may deem fit. If an application is received by Registered Post, the applicant shall be informed of the defects, if any, and he shall be required to rectify the same within such time as may be stipulated by the Registrar. If the applicant fails to rectify the defect within the time allowed, the Registrar may decline to register the application in writing and place the matter before the Bench for appropriate orders. Service of notice and process Notices to be issued by the Tribunal may be served by (i) by hand delivery through process server; (ii) by Regd. Post with AD; or (iii) through the concerned Head of Office of the same Department. If the Tribunal does not specify the mode of service, notice may be sent by Regd. Post with AD. Where notice issued by the Tribunal is served by the party himself by hand delivery shall file the Registry of the Tribunal, the acknowledgement together with an affidavit of service. The Tribunal may, by considering the number of respondents and their places of residence or work and other circumstances, direct the notice of the application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears to the Tribunal just and convenient. The Tribunal may in its discretion, having regard to the nature of the case, direct the service of the notice on the Standing Counsel who is authorized to accept the service for any Organisation of the CG, or an authority, a corporation, a body owned or controlled by the CG. Every notice issued by the Tribunal shall unless otherwise ordered, be accompanied by a copy of the application and a copy of the impugned order.
24
Every applicant shall pay a fee for the service of execution of processes, in respect of an application where the number of respondents exceeds five, (i) a sum of Rs.5/- for each respondent in excess of five respondents; or (ii) where the service is in such a manner as the Tribunal may direct such a sum not exceeding the actual charges incurred in effecting the service, as may be determined by the Tribunal. The fee for the service or execution of processes shall be remitted in the prescribed manner within one week of the date of the order determined the fee or within such extended time as the Registrar may permit. If the Tribunal is satisfied that it is not reasonably practicable to serve notice of application upon all the respondents, it may direct that the application shall be heard notwithstanding that some of the respondents have not been served with notice of the application with recorded reasons. No application shall be heard unless (i) notice of the application has been served on the Central/State Govt., if such Govt. is a respondent; (ii) notice of the application has been served on the authority which passed the order against which the application has been filed; and (iii) if the Tribunal is satisfied that the interests of the respondents on whom notice of the application has not been served are adequately and sufficiently represented by the respondents on whom notice of the application has been served. Inspection of records 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. A person who is not a party to the proceeding may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing. Engaging a legal practitioner A person making an application to a Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal. The Central/State Govt. or a local or other authority or corporation or society may authorize one or more legal practitioners or any of its Officers to act as presenting Officers and every person so authorized by it may present its case with respect to any application before a Tribunal. Date and place of hearing 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.
25 Calendar of cases Each Bench shall draw up a calendar for the hearing of transferred cases and hear and decide the cases according to the calendar. Every application shall be heard and decided as far as possible, within six months from the date of its registration. The Tribunal shall have the power to decline an adjournment and also to limit the time for oral arguments. Reply by Respondents Each respondent intending to contest the application shall file in triplicate the reply to the application and the document relied upon in paper book form with the Registry within one month of the service of notice of the application on him. The respondent shall specifically admit, deny or explain the facts stated by the applicant in his application and may also state such additional facts as may be found necessary for the just decision of the case. It shall be signed and verified as a written statement by the respondent or any other person duly authorized by him in writing. The documents shall also be filed along with the reply and the same shall be marked as R1, R2, R3, and so on. The respondent shall also serve a copy of the reply along with documents on the applicant or his Legal practitioner, if any, and file proof of such service in the Registry. The Tribunal may allow filing of the reply after the expiry of the prescribed period, and also permit the parties to amend the pleadings.
Ex parte hearing Action on application for Respondent’s fault: In a case 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. Where an application has been heard ex parte against a respondent(s), such respondent(s) may apply within 30 days from the date of the order to the Tribunal for an order to set it aside and if such respondent(s) satisfy the Tribunal that the notice was not duly served or that he/they were prevented by any sufficient cause from appearing when application was called for hearing the Tribunal may make an order setting aside the ex parte order as against him or them upon such terms as it thinks fit, and shall appoint a day for proceeding with the application. Where the ex parte order of the application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also. The Tribunal shall not set
26 aside ex parte order of an application merely on the ground that it was not served upon respondent(s). Action on application for Applicant’s default: In a case where the applicant does not appear on the date when the application is called for hearing, such hearing may be adjourned and if 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 or merit. Where an application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non-appearance, the Tribunal shall make an order setting aside the order dismissing the application and restore the same. However, where the case was disposed of on merits the decision, shall not be responded except by way of review. Application for Review i)
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.
ii)
No application for review shall be entertained unless it is supported by a duly sworn affidavit indicating therein the source of knowledge, personal or otherwise, and also those which are sworn on the basis of the legal advice. The counter-affidavit in review application will also be a duly sworn affidavit wherever any averment of fact is disputed.
iii)
A review application shall ordinarily be heard by the same Bench which has passed the order, unless the Chairman may, for reasons to be recorded in writing, direct it to be heard by any other Bench.
iv)
Unless otherwise ordered by the Bench concerned, a Review Application shall be disposed of by circulation and the Bench may either dismiss the application or direct notice to the opposite party.
v)
When an application for review of any judgment or order has been made and disposed of, no further application for review shall be entertained in the same manner.
Appeals Where any decree or order has been made or passed by any court, other than a High Court, and no appeal has been preferred against such decree or order before such establishment and the time for preferring such appeal under any law for the time being in force had not expired before such establishment, such appeal shall lie:
27 to the CAT, within ninety days from the date receives the assent of the President, or within ninety days from the date of receipt of the copy of such decree or order, whichever is later; or to any other Tribunal, within ninety days from its establishment or within ninety days from the date of receipt of the copy of such decree or order, whichever is later. All proceedings before a Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. Adjournment 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. 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. Communication of order 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 Counsels, either by hand delivery or by post free of costs. Unless ordered otherwise by a Bench, a copy of the final order need not be sent to any respondent who has not entered appearance. 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. If the applicant or the respondent to any proceeding requires a copy of any document or proceeding the same shall be supplied to him on such terms and conditions on payment of such fees as may be fixed by the Chairman by general or special order. Interim orders No interim order whether by way of injunction or stay in any other manner shall be made on or in any proceedings relating to, an application unless:
28
copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made; and
opportunity is given to such party to be heard in the matter.
A Tribunal may dispense with the requirements and make an interim order as on exceptional measure, if it is satisfied, for reasons to be recorded in writing that it is necessary so to do so for preventing any loss being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period; and the Tribunal has continued the operation of the interim order. Compliance of Judgements Instructions have been issued from time to time by the DOPT, GoI, emphasizing the need for complying with and acting upon the judgements of the CAT, etc. for proper and effective handling of the service matter cases before the Tribunal and other legal forums and also for adherence to and implementation of the prescribed procedure, rules, orders, etc. on service matters so that litigation on such matters is considerably brought down. The DOPT, GoI being the Nodal Ministry for administration of ATs, no other Ministry of the GOI is in a position to take any action on such directions except otherwise under the instructions of the DOPT. As and when any direction is given by a Court/Tribunal in any matter concerning application, etc. of specific provision of the ATs Act, 1985 or when provisions of the Act are challenged before any Court/Tribunals, the same should be brought to the notice of the DOPT and further action be taken in the light of the advice of the DOPT. Difference of opinion If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, but if the Members are equally divided, they shall state the point or points on which they differ and make a reference to the Chairman who shall either hear the point(s) himself or refer the case for hearing on such point(s) by one or more of the other Members of the Tribunal and such point(s) shall be decided according to the opinion of the majority of the Members of the Tribunal who have heard the case, including those who first heard it. Execution of orders Subject to the other provisions of this Act and the rules, the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court, including a High Court, and such order shall be executed in the same manner in which any final order, and
29 whether or not such final order had actually been made in respect of the grievance to which the application relates would have been executed. Action taken in good faith No suit, prosecution or other legal proceeding shall lie against the Central or State Govt. or against the Chairman or other Member of any Central or Joint or State AT or any other person authorized by such Chairman for anything which is done in good faith. Contempt of Court A Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 shall have effect. If the alleged contemner is an Officer, he shall be described by name and designation. The nature of the contempt, "Civil" or "Criminal", has to be decided and the grounds and material facts constituting the alleged contempt, including the date of alleged contempt. The nature of the order sought from the Tribunal has to be specified. If a petition has previously been made by him on the same facts, the details, particulars and the result thereof has to be brought out. Every petition shall be signed by the petitioner and his Advocate, and shall show the place and date; In the case of "Civil Contempt", certified copy of the judgment, decree, order, writ or undertaking alleged to have been disobeyed shall be filed along with the petition. Where the petitioner relies upon any other document(s) in his possession, or power, he shall file them along with the petition. In the case of "Criminal Contempt" of the Tribunal other than a contempt referred to in section 14 of the Act, the petitioner shall state whether he has obtained the consent of the Attorney General or the Solicitor General or the Additional Solicitor General and if so, produce the same, and if not the reasons thereof. No fee shall be payable on a petition or any document filed in the proceedings. Preliminary hearing and notice The Bench if satisfied that a prima facie case has been made out, may direct issue of notice to the respondent accompanied by a copy of the petition or information and Annexures, if any, or it shall dismiss the petition or drop the proceedings.
30 Compelling attendance The Tribunal, if it has reason to believe, that the respondent is absconding or is otherwise evading service of notice, or has failed to appear in person in pursuance of the notice, direct bailable or non-bailable warrant for his arrest, addressed to one or more Police Officers or may order attachment of property belonging to such person. The warrant and the writ of attachment shall be issued under the Signature of the Registrar. Every person who is arrested and detained shall, if he cannot be produced before the Tribunal within Twenty-four hours of arrest excluding the time necessary for the journey from the place of arrest to the Tribunal, be produced before the nearest Magistrate within the said period who may authorise detention till such person is produced before the Tribunal which may release the person on bail on a bond for such sum of money as the Tribunal thinks sufficient with or without sureties Unless ordered otherwise by the Tribunal, whenever a notice is issued under these rules, the respondent shall appear in person in the case of "criminal contempt"; and in person or through an Advocate in the case of "civil contempt" continue to attend on the dates to which the petition is posted. The respondent may file his reply duly supported by an affidavit on or before the first date of hearing or within such extended time as may be granted by the Tribunal. Right to be defended Every person against whom proceedings are initiated under the Contempt of Courts Act, 1971 may, as of right, be defended by an Advocate of his choice. Upon consideration of the reply filed by the respondent and after hearing the parties, the Tribunal, if the respondent has tendered an unconditional apology after admitting that he has committed the contempt, may proceed to pass such orders as it deems fit. If the respondent does not admit that he has committed contempt, the Tribunal, if it is satisfied that there is a prima facie case, proceed to frame the charge; otherwise drop the proceedings and discharge the respondent; or declare that it is not expedient to proceed. If at any time during the pendency of the proceedings, the contemner tenders an apology, the same shall be placed expeditiously for orders of the Bench. If the Tribunal accepts the apology, further proceedings shall be dropped. Execution of sentence If the respondent is found guilty and is sentenced to imprisonment other that imprisonment till rising of the Tribunal a warrant of commitment and detention shall be made out. When the Tribunal awards a sentence of
31 fine and the fine amount is not paid at once or within such time as may be granted by the Tribunal, the Registrar shall take action. Substitution of legal representatives 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 90 days of the date of such death for being brought on record as necessary parties. Where no application is received from the Legal representatives within the period, the proceedings against the deceased party shall abate; provided that on good and sufficient reasons the Tribunal may, on an application, set aside the order of abatement and substitute the Legal representatives.
References 1.
Contempt of Courts Act, 1971
2.
The Administrative Tribunals Act, 1985
3.
The Central Administrative Tribunal (Procedure) Rules, 1987
4.
Central Administrative Tribunal Rules of Practice, 1993
5.
GOI MOPPG&P DOPT O.M.No.A.11013/25/98-AT dt. 16-11-1998
6.
www.cgat.gov.in
.o.