Central
Administrative Tribunal (Procedure) Rules, 1987[1]
???? [6th January, 1987]
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 Tribunal
(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:?
Rule 1. Short title and commencement.?
(1)
These rules may be called the Central
Administrative Tribunal (Procedure) Rules, 1987.
(2)
They shall come into force on the Fifteenth
day of January, 1987.
Rule 2. Definitions.?
In
these rules, unless the context otherwise requires?
(a)
?Act? means the Administrative Tribunals Act,
1985 (13 of 1985);
[2][(b) ?agent? means a person duly authorised by a party to
present an application, written reply, rejoinder or any other document on its
behalf before the Tribunal;]
(c) ?? ?applicant?
means a person making an application to the Tribunal under Section 19;
(d) ? ?Form? means a
form specified in Appendix A;
(e) ? ?Legal
practitioner? shall have the same meaning as is assigned to it in the Advocates
Act, 1961 (25 of 1961);
[3][(f) ?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;]
(g) ? ?Registrar?
means in relation to the Tribunal the Registrar appointed to the Principal
Bench and in relation to each of the other Benches of the Tribunal shall mean
the Registrar appointed to the particular Bench and include any officer to whom
the powers and functions of the Registrar may be delegated under clauses (2)
and (3) of Rule 28;
(h) ? ?Registry?
means the Registry of the Tribunal or of the Bench of the Tribunal, as the case
may be;
(i) ?? ?Section?
means a section of the Act;
(j) ?? ?Transferred
application? means the suit or other proceeding which has been transferred to
the Tribunal under sub-section (1) or sub-section (2) of Section 29;
(k)?? ?Tribunal?
means the Central Administrative Tribunal established under sub-section (1) of
Section 4 of the Act;
(l)??? the words and
expressions used and not defined in these rules but defined in the Act shall have
the same meanings respectively assigned to them in the Act.
Rule 3. Language of the Tribunal.?
[(1)][4] 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. [* * *][5]
(b) ? the Bench,
hearing the matter may, in its discretion, direct English translation of
pleadings and documents to be filed;
[6][(c) the
Benches [7][* * *] may, in their
discretion, make final orders either in Hindi or in English.]
[8][(2) Notwithstanding anything contained in sub-rule (1),
where a final order is made in Hindi, an authenticated English translation
thereof shall simultaneously be prepared and kept on record.]
Rule 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.
[9][(2) The application under sub-rule (1) shall be
presented in triplicate in the following two compilations,?
(i)
Compilation Number 1?application along with
the impugned order, if any;
(ii)
Compilation Number 2?all other documents and
annexures referred to in the application in a paper-book form.]
(3) ? Where the
number of respondents is more than one, as many extra copies of the application
in paper-book form as there are respondents together with unused file-size
envelopes bearing the full address of each respondent shall be furnished by the
applicant:
Provided
that where the number of respondents is more than five, the Registrar may
permit the applicant to file the extra copies of the application at the time of
issue of notice to the respondents.
(4) ? The applicant
may attach to and present with his application a receipt slip in Form II which
shall be signed by the Registrar or the Officer receiving the application on
behalf of the Registrar in acknowledgment of the receipt of the application.
(5)?? (a)
Notwithstanding anything contained in sub-rules (1) to (3), the Tribunal may
permit more than one person to join together and file a single application if
it is satisfied, having regard to the cause of action and the nature of relief
prayed for, that they have a common interest in the matter.
(b) ? Such
permission may also be granted to an association representing the persons
desirous of joining in a single application provided, however, that the
application shall disclose the class/grade/categories of persons on whose
behalf it has been filed [10][provided
that at least one affected person joins such an application.]
Rule 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.
(2)
If, on scrutiny, the application is found to
be in order, it shall be duly registered and given a serial number.
(3)
If the application, on scrutiny, is found to
be defective and the defect noticed is formal in nature, the Registrar may
allow the party to rectify the same in his presence, and if the said defect is
not formal in nature, the Registrar may allow the applicant such time to
rectify the defect as he may deem fit. [11][Where
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:]
[12][Provided that the time allowed by the Registrar to
rectify the defects shall not exceed thirty days.]
[13][(4)(a) If the applicant fails to rectify the defect
within the time allowed under sub-rule (3), the Registrar may, by order and for
reasons to be recorded in writing, decline to register the application and
place the matter before the Bench for appropriate orders.
(b) [* * *][14]
(5) ? [* * *][15]
Rule [16][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.
(2)
Notwithstanding anything contained in
sub-rule (1) 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.]
Rule 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 permits a single application to be filed, either by
more than one person or by an Association, the fee payable shall be rupees
fifty:
Provided
further that where the Tribunal is satisfied that an applicant is unable to pay
the prescribed fee on ground of indigence, it may exempt such an applicant from
the payment of fee.
Rule 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.
(2)
If shall not be necessary to present a
separate application to seek an interim order or direction if in original
application the same is prayed for.
(3)
An applicant may, subsequent to the filing of
an application under Section 19 of the Act, apply for an interim order or
direction. Such an application shall, as far as possible, be in Form III.
[17][(4) Where the applicant seeks condonation of delay, he
shall file a separate application supported by an affidavit.]
Rule 9. Documents to accompany the application.?
(1)
Every application shall be accompanied
by [18][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.
(2)
The documents referred to in sub-rule (1) may
be attested by a legal practitioner or by a gazetted officer and each document
shall be marked serially as Annexures A-1, A-2, A-3 and so on.
(3)
Where an application is filed by an agent,
documents authorising him to act as such agent shall also be appended to the
application:
Provided
that where an application is filed by a legal practitioner, it shall be
accompanied by a duly executed ?Vakalatnama?.
Rule 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.
Rule 11. Service of notices and processes issued by the Tribunal.?
[19][(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 process
server;
(iii)
by registered post ?with acknowledgment due?;
[20][(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 acknowledgment 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.]
(2) ? Where notice
issued by the Tribunal is served by the party himself by ?hand delivery?
(dasti), he shall file with the Registry of the Tribunal, the acknowledgment,
together with an affidavit of service.
(3) ? Notwithstanding
anything contained in sub-rule (1) the Tribunal may, taking into account the
number of respondents and their places of residence or work and other
circumstances, direct that notice of the application shall be served upon the
respondents in any other manner, including any manner of substituted service,
as it appears to the Tribunal just and convenient.
[21][(4) Notwithstanding anything contained in sub-rule (1),
the Tribunal may, in its discretion, having regard to the nature of the case,
direct the service of the notice on the Standing Counsel, authorised to accept
the service, for any Department or Organisation of the Central Government, or
an authority, a corporation, a body owned or controlled by the Central
Government.
(5) ? 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.]
(6) ? Every
applicant shall pay a fee for the service or execution of processes, in respect
of an application where the number of respondents exceeds five, as under?
(i)
a sum of rupees five for each respondent in
excess of five respondents; or
(ii)
where the service is in such a manner as the
Tribunal may direct under sub-rule (3) such a sum, not exceeding the actual
charges incurred in effecting the service, as may be determined by the
Tribunal.
(7) ? The fee for
the service or execution of processes under sub-rule (3) shall be remitted in
the manner prescribed in Rule 7 within one week of the date of the order
determining the fee or within such extended time as the Registrar may permit.
(8) ? Notwithstanding
anything contained in sub-rules (1) to (4), if the Tribunal is satisfied that
it is not reasonably practicable to serve notice of application upon all the
respondents, it may, for reasons to be recorded in writing, direct that the application
shall be heard notwithstanding that some of the respondents have not been
served with notice of the application:
Provided
that no application shall be heard unless,
(i)
notice of the application has been served on
the Central Government or the State Government, if such Government is a
respondent;
(ii)
notice of the application has been served on
the authority which passed the order against which the application has been
filed; and
(iii)
the Tribunal is satisfied that the interests
of the respondents on whom notice of the application has not been served are
adequately and sufficiently represented by the respondents on whom notice of
the application has been served.
Rule 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.
(2)
In the reply filed under sub-rule (1), the
respondent shall specifically admit, deny or explain the facts stated by the
applicant in his application and may also state such additional facts 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
authorised by him in writing in the same manner as provided for in Order 6,
Rule 15 of the Code of Civil Procedure, 1908 (5 of 1908).
(3)
The documents referred to in sub-rule (2)
shall also be filed along with the reply and the same shall be marked as R-1,
R-2, R-3 and so on.
(4)
The respondent shall also serve a copy of the
reply along with documents as mentioned in sub-rule (1) on the applicant or his
legal practitioner, if any, and file proof of such service in the Registry.
(5)
The Tribunal may allow filing of the reply
after the expiry of the prescribed period.
[22][(6) The Tribunal may permit the parties to amend the
pleadings in the same manner as provided under Order 6, Rule 17 of the Code of
Civil Procedure, 1908 (5 of 1908).]
Rule 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.
Rule 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.
(2)
Every application shall be heard and decided,
as far as possible, within six months from the date of its registration.
(3)
The Tribunal shall have the power to decline
an adjournment and also to limit the time for oral arguments.
Rule 15. Action on application for applicant'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.
(2)
Where an application has been dismissed for
default and the applicant files an application within thirty days from the date
of dismissal and satisfies the Tribunal that there was sufficient cause for his
non-appearance when the application was called for hearing, the Tribunal shall
make an order setting aside the order dismissing the application and restore
the same:
Provided,
however, where the case was disposed of on merits the decision shall not be
reopened except by way of review.
Rule 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.
[23][(2) Where an application has been heard ex
parte against a respondent or respondents, such respondent or respondents
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 or respondents satisfy the
Tribunal that the notice was not duly served, or that he or they were prevented
by any sufficient cause from appearing when 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:
Provided
that where the ex parte order of the application is of such a nature that it
cannot be set aside as against one respondent only, it may be set aside as
against all or any of the other respondents also:
Provided further that in cases covered by sub-rule (8) of
Rule 11, the Tribunal shall not set aside ex parte order of an application
merely on the ground that it was not served upon a respondent or respondents.]
Rule [24][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.
(2)
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.
(3)
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.
(4)
Where 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 matter.
(5)
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.]
Rule 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 [25][ninety
days] of the date of such death for being brought on record as necessary
parties.
(2)
Where no application is received from the legal
representatives within the period specified in sub-rule (1), the proceedings
against the deceased party shall abate:
Provided
that on good and sufficient reasons the Tribunal, on an application, may set
aside the order of abatement and substitute the legal representatives.
Rule 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.
Rule 20. Order to be signed and dated.?
(i)
Every order of the Tribunal shall be in
writing and shall be signed by the Member or Members constituting the Bench,
which pronounced the order.
(ii)
The order shall be pronounced in open court.
Rule [26][21. Publication of orders.?
(i)
The Tribunal may publish its decisions which
are deemed fit for publication, in a report entitled ?Indian Law Report?Central
Administrative Tribunal???19???? (for short ?ILR??CAT??19???).
(ii)
Such of the orders of the Tribunal, as are
deemed fit for publication in any other authoritative report or the press, may
be released for such publication on such terms and conditions as the Chairman
may specify by general or special order.]
Rule [27][22. Communication of orders to the 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 cost:
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.]
(2)
If the applicant or the respondent to any
proceeding requires a copy of any document or proceeding the same shall be
supplied to him on such terms and conditions on payment of such fees as may be
fixed by the Chairman by general or special order.
Rule 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.
(2)
Subject to such terms and conditions as may
be prescribed by the Chairman by a general or special order a person who is not
a party to the proceeding, may also be allowed to inspect the proceedings after
obtaining the permission of the Registrar in writing.
Rule 24. Orders 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 orders or to prevent abuse of its process or to
secure the ends of justice.
Rule 25. Registration of legal practitioner's clerks.?
(1)
No clerk employed by a legal practitioner
shall act as such in the Tribunal or be permitted to have access to the records
and obtain copies of the orders of the Bench of the Tribunal in which the legal
practitioner ordinarily practises unless his name is entered in the Register of
clerks maintained by the said Bench. Such clerk shall be known as a ?Registered
Clerk?.
(2)
A legal practitioner desirous of registering
his clerk shall make an application to the Registrar in Form IV. On such
application being allowed by the Registrar, his name shall be entered in the
Register of Clerks.
(3)
After registration of the clerk, the
Registrar shall direct the issue of an identity card to him which shall be
non-transferable and shall be produced by the holder upon request by an officer
or other employee of the Tribunal authorised in this behalf. The identity card
shall be issued under the signature of the Deputy Registrar or the Bench
concerned.
(4)
A register of all the clerks registered under
sub-rule (2) shall be maintained in the office of the Registrar of each Bench.
(5)
A legal practitioner shall have at a time not
more than two registered clerks unless the Registrar by general or special
order otherwise permits.
(6)
Whenever a legal practitioner ceases to
employ a registered clerk, he shall notify the fact at once to the Registrar by
means of a letter enclosing therewith the identity card issued to his clerk by
the registry, and on receipt of such letter the name of the said registered
clerk shall be struck off from the register.
Rule 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.
Rule 27. Sitting hours of the Tribunal.?
(1)
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 the Vice-Chairman concerned with the prior approval of the Chairman.
Rule 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.
(2)
The Registrar may, with the approval of the
Chairman or of the Vice-Chairman of the Bench concerned delegate to the Deputy
Registrar any function or power required by these rules to be performed or
exercised by the Registrar.
[28][(3) In the absence of the Registrar, the Deputy
Registrar or any other officer to whom the powers and functions of the
Registrar are delegated by the Chairman or Vice-Chairman, as the case may be,
may exercise the powers and functions of the Registrar.]
(4) ? The official
seal shall be kept in the custody of the Registrar.
(5) ? Subject to any
general or special direction by the Chairman, the seal of the Tribunal shall
not be affixed to any order, summons or other process save under the authority
in writing of the Registrar or the Deputy Registrar.
(6) ? The seal of
the Tribunal shall not be affixed to any certified copy issued by the Tribunal
save under the authority in writing of the Registrar or the Deputy Registrar.
Rule 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?
(i)
to receive all applications and other
documents including transferred applications;
(ii)
to decide all questions arising out of the
scrutiny of the applications before they are registered;
(iii)
to require any application presented to the
Tribunal to be amended in accordance with the Act and the rules;
(iv)
subject to the direction of the respective
Benches, to fix the date of first hearing of the applications or other
proceedings and issue notices thereof;
(v)
to direct any formal amendment of records;
(vi)
to order grant of copies of documents to
parties to the proceedings;
(vii)
to grant leave to inspect the records of the
Tribunal;
(viii)
to dispose of all matters relating to the
service of notices or other processes, applications for the issue of fresh
notices and for extending the time for filing such applications and to grant
time not exceeding [29][30
days] for filing a reply or rejoinder, if any, and to place the matter before
the Bench for appropriate orders after expiry of the aforesaid period;
(ix)
to requisition records from the custody of
any court or other authority;
[30][(x) To receive applications within ninety days from the
date of death for substitution of legal representatives of the deceased parties
during the pendency of the application;]
(xi) ? to receive
and dispose of applications for substitution, except where the substitution
would involve setting aside an order of abatement;
(xii) to receive
and dispose of applications by parties for return of documents.
Rule 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.
Rule 31. Seal and emblem.?
The
official seal and emblem of the Tribunal shall be such as the Central
Government may specify.
Rule 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.
Rule 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:
(i)
if a male, in a closed-collared coat and
trousers or in a lounge suit;
(ii)
if a female, in a saree or any other
customary dress of a sober colour.
APPENDIX A
FORMS
[31][Form I
Application under Section 19 of the
Administrative Tribunals Act, 1985
Title
of the Case:
INDEX
Sl. No. |
Descriptions
of documents Relied
upon |
Page No. |
1. |
Application |
|
2. |
|
|
3. |
|
|
4. |
|
|
5. |
|
|
6. |
|
|
Signature of the Applicant |
||
For use in Tribunal's Office Date of filing or Date of receipt by post Registration No. Signature for Registrar |
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, ???
BENCH
A.B.
(Add description such as son of, resident of and place of employment or last
employed) ?????.
APPLICANT
v.
C.D.
(Add description and the residential or official address on which the service
of notices is to be effected on the respondent or respondents. The details of
each respondent are to be given in a chronological order).
RESPONDENT
DETAILS
OF APPLICATION:
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 Annexures 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 Annexures 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
Postcard 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.
VERIFICATION
I,??????.,
(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.]
To
The Registrar,
Form II
[See Rule 4(4)]
Receipt Slip
Receipt
of the application filed in the Central Administrative Tribunal, ????. Bench by
Shri/Kum/Smt ????working as ???. in the Ministry/Department/Office of ?????
residing at ?????, is hereby acknowledged.
For Registrar
Central Administrative
Tribunal,
???. Bench
Date:
Seal:
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL,
??????. BENCH
Form III
[See Rule 8(3)]
Misc. Application No???????of ????.
in
Original |
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Application No???? of ???? 20 ???? |
Transferred |
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? |
XXX |
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? ???? Applicant |
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??????(Applicant/Respondent) |
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Vs. |
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? |
YYY |
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? ???? Respondent |
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??????(Respondent/Applicant) |
Brief facts leading to the application:
Relief or Prayer:
Verification:
I,
?????, (name of the applicant) S/O, D/O, W/O ????, age ????, working as ????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.
Signature of the Applicant
Signature of the Advocate
Place:
Date:
Form IV
[See Rule 25(2)]
Application for the Registration of a Clerk
1. |
Name of legal practitioner on whose behalf the clerk is to be registered. |
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2. |
Particulars of the clerk to be registered. |
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(i) Full name: (in capital) |
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(ii) Father's Name: |
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(iii) Age and Date of Birth: |
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(iv) Place of Birth: |
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(v) Nationality: |
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(vi) Educational Qualifications: |
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(vii) Particulars of previous employment, if any: |
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I,
????????., (Clerk abovenamed) do hereby affirm that the particulars relating to
me given above are true.
Signature of Clerk
3. |
Whether the legal practitioner has a clerk already registered in his
employ and whether the clerk sought to be ??. registered is in lieu of or in
addition to the clerk already registered. |
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4. |
Whether the clerk sought to be registered is already registered as a
clerk of any other legal practitioner and if so, the name of such
practitioner. |
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I,
??????????, (legal practitioner) certify that the particulars given above are
true to the best of my information and belief and that I am not aware of any
fact which would render unsuitable the registration of the said ????????.
(name) as a clerk. Further, I enclose Postal Order for Rs 2.50 being the cost
of Identity Card along with 2 passport-size photographs of the applicant duly
attested by me.
Signature of the legal
practitioner
Date:
To
The Registrar,
Central Administrative Tribunal,
?????Bench,
?????
[1] Vide G.S.R. 17(E), dated
January 6, 1987 and published in Gazette of India, Extra., Part II, Section
3(i), dated Jan. 6, 1987.
[2] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[3] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[4] Rule 3 renumbered as
sub-rule (1) by G.S.R. 756(E), dt. 18-10-1994 (w.e.f. 18-10-1994).
[5] The words ?However, the final order
shall be in English? omitted by G.S.R. 756(E), dt. 18-10-1994 (w.e.f.
18-10-1994).
[6] Ins. by G.S.R. 756(E), dt. 18-10-1994
(w.e.f. 18-10-1994).
[7] The words ?located in ?Region A? as
defined in clause (f) of Rule 2 of the Official Languages (Use for Official
Purposes of the Union) Rules, 1976? omitted by G.S.R. 41(E), dt.
22-1-1996 (w.e.f. 22-1-1996).
[8] Ins. by G.S.R. 756(E), dt. 18-10-1994
(w.e.f. 18-10-1994).
[9] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[10] Added by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[11] Added by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[12] Ins. by G.S.R. 747(E), dt. 27-10-2014
(w.e.f. 27-10-2014).
[13] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[14] Omitted by G.S.R. 99(E), dt.
26-2-1991 (w.e.f. 27-2-1991).
[15] Omitted by G.S.R. 99(E), dt.
26-2-1991 (w.e.f. 27-2-1991).
[16] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[17] Ins. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[18] Subs. by ibid. (w.e.f.
24-10-1988).
[19] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[20] Subs. by G.S.R. 99(E), dt. 26-2-1991
(w.e.f. 27-2-1991).
[21] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[22] Ins. by G.S.R. 99(E), dt. 26-2-1991
(w.e.f. 27-2-1991).
[23] Subs. by G.S.R. 557(E), dt. 4-9-1991
(w.e.f. 4-9-1991). Earlier subs. by G.S.R. 99(E), dt. 26-2-1991.
[24] Subs. by G.S.R. 557(E), dt.
4-9-1991 (w.e.f. 4-9-1991). Earlier subs. by G.S.R. 99(E), dt. 26-2-1991.
[25] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[26] Subs. by G.S.R. 564(E), dt. 7-7-1994
(w.e.f. 7-7-1994).
[27] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[28] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).
[29] Subs. by G.S.R. 1000(E), dt. 11-10-1988
(w.e.f. 24-10-1988).
[30] Subs. by G.S.R. 99(E), dt. 26-2-1991
(w.e.f. 27-2-1991).
[31] Subs. by G.S.R. 1000(E), dt.
11-10-1988 (w.e.f. 24-10-1988).