CAT - PB - Delhi-Procedure Rules
CAT - PB - Delhi-Procedure Rules
CAT - PB - Delhi-Procedure Rules
In exercise of the powers conferred by clauses (d), (e) and (f) of sub-section (2) of
section 35 and clause (c ) of section 36 of the Administrative Tribunals Act, 1985 (13 of
1985) and in supersession of the Central Administrative Tribunals (Procedure) Rules,
1985, except as respects things done or omitted to be done before such supersession,
the Central Government hereby makes the following rules, namely:-
1. Short title and commencement - (1) These rules may be called the Central
Administrative Tribunal(Procedure) Rules, 1987. It shall come into force on the
Fifteenth day of January, 1987.
3. Language of the Tribunal - (1) The language of the Tribunal shall be English:
Provided that the parties to a proceeding before the Tribunal may file documents drawn
up in Hindi, if they so desire: Provided further that (a) a Bench may, in its discretion
permit the use of Hindi in the proceedings;
(b) the Bench, hearing the matter may in its discretion direct English translation of
pleadings and documents to be filed;
(c ) the Benches may, in their discretion, make final orders either in Hindi or in English.
(2) Notwithstanding anything contained in sub-rule (1), where a final order is made in
Hindi, and authenticated English translation thereof shall simultaneously be prepared
and kept on record.
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 authorized
legal practitioner to the Registrar or any other officer authorized in writing by the
Registrar to receive the same or be sent by Registered Post with Acknowledgement duly
addressed to the registrar of the Bench concerned.
(2) The application under sub-rule (1) shall be presented in triplicate in the following
two compilations-
(i) Compilation No. 1. - application along with the impugned order, if any ;
(ii) Compilation No. 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
envelope 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 acknowledgement 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 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 or persons on whose behalf it has been filed
[provided that at least one affected person joins such an application]
(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 satisfy 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 [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]:
Provided that the time allowed by the Registrar to rectify the defects shall not exceed
thirty days.
(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.]
(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.]
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 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 situate,
or remitted through a crossed Indian Postal Order drawn in favour of the Registrar of
the concerned Bench and payable at the post office of the station where the said Bench
is situate:
Provided that where the Tribunal permit a single application to be filed, either by more
than one person or by an Association, the fee payable shall be rupees fifty: Provided
further that where the Tribunal is satisfied that an applicant is unable to pay the
prescribed fee on ground of indigence, it may exempt such an applicant from the
payment of fee.
8. Contents of application. - (1).Every application filed under rule 4 shall set forth
concisely under distinct heads the grounds for such application. Such grounds shall be
numbered consecutively. Every application including any miscellaneous application shall
be typed in double space on one side on thick paper of good quality.
(2) It 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.
(4) Where the applicant seeks condonation of delay, he shall file a separate application
supported by an affidavit.
9. Documents to accompany the application - (1) Every application shall be
accompanied by the following documents:
(i) an attested true copy of the order against which the application is filed.
(ii) copies of the documents relied upon by the applicant and referred to in the
application; (iii) an index of the documents.
(3) Where an application is filed by any agent, documents authorizing him to act as
such agent shall also be appended to the application:
10. Plural remedies. - An application shall be based upon a single cause of action and
may seek one or more reliefs provided that they are consequential to one another.
11. Service of notice and processes issued by the Tribunal - (1) Notices to be
issued by the Tribunal may be served by any of the following modes –
(iv) through the concerned head of Office of the same Department: Provided that if the
Tribunal does not specify the mode of service, notice may be sent by registered post
`with acknowledgement due’ and the provision of sub-rule (2) of rule 19A 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 acknowledgement 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 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.
(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, authorized 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 of 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.
(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.
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
authorized by him in writing in the same manner as provided for in Order VI, rule 15 of
the Code of Civil Procedure, 1908 (5 of 1908).
(3) The documents referred to in sub-rule (3) shall also be filed alongwith the reply and
the same shall be marked as R1, R2, R3 and so on.
(4) The respondent shall also serve a copy of the reply alongwith 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.
(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).
13. Date and place of hearing to be notified. - The Tribunal shall notify to the
parties the date and the place of hearing of the application in such manner as the
Chairman may by general or special order direct.
14. Calendar of cases - (1) Each Bench shall draw up a calendar for the hearing of
transferred cases and, as far as possible, hear and decide the cases according to the
calendar.
(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.
15. Action on application for application’s default. - (1) Where on the date fixed
for hearing of the application or on any other date to which such hearing may be
adjourned the applicant does not appear when the application is called for hearing, the
Tribunal may in its discretion, either dismiss the application for default or hear and
decide it or 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 responded except by way of review.
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.
(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 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.
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) 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.
(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.
19. Adjournment of hearing.- The Tribunal may if sufficient cause is shown at any
stage of proceedings grant time to the parties or any of them and adjourn the hearing
of the application. The Tribunal may make such order as it thinks fit with respect to the
costs occasioned by the adjournment.
20. Order to be signed and dated. - (1) Every order of the Tribunal shall be signed
by the Member or Members constituting the Bench, which pronounced the order.
(2) Such of the order 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.
(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.
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.
24. Order and directions in certain cases. - The Tribunal may make such orders or
give such directions as may be necessary or expedient to give effect to its order or to
prevent abuse of its process or to secure the ends of justice.
(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 Registrar 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 authorized in this behalf. The
identity card shall be issued under the signature of the Deputy Registrar of 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 of each Bench.
(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.
26. Working hours of the Tribunal. – Except on Saturday, Sundays, and other public
holidays, the office of the Tribunal shall, subject to any order made by the Chairman
remain open from 9.30 a.m. to 6 p.m.
27. Sitting hours of the Tribunal. - The sitting hours of the Tribunal (including a
vacation Bench) shall ordinarily be from 10.30 a.m. to 1.30 p.m. and 2.30 p.m. to 5
p.m. subject to any general or special order made by the Chairman, or by Vice-
Chairman concerned with the prior approval of the Chairman.
28. Powers and functions of the Registrar. - (1) The Registrar shall have the
custody of the records of the Tribunal and shall exercise such other functions as are
assigned to him under these rules or by the Chairman or the Vice-Chairman of the
Bench concerned by separate order.
(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.
(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.
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, to grant time not exceeding [30 days] for filing a reply or rejoinder if any,
and to place the matter before the Bench for appropriate orders after the expiry of the
aforesaid period;
(ix) to requisition records from the custody of any court or other authority ;
(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.
30. Additional powers of the Registrar of the Principal Bench. - The Registrar of
Principal Bench shall have the power to call for information and records and to inspect
or cause to be inspected the registry of the other Benches under general or special
orders as may be issued by the Chairman from time to time.
31. Seal and emblem. - The official seal and emblem of the Tribunal shall be such as
the Central Government may specify.
32. Dress of the Members and staff of the Tribunal. - The dress for the Members
of the Tribunal (including Chairman and Vice-Chairman) and Members of the staff of the
Tribunal shall be such as the Chairman may specify.
33. Dress of the parties. - A legal practitioner or, as the case may be, a presenting
officer shall appear before the Tribunal in his professional dress, if any, and if there is
no such dress.
(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.
FORM I
[See RULE 4]
APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNAL ACT, 1985
Title of the Case :
INDEX
S. Nos. Description of documents relied upon Page No
1. Application
2.
3.
4.
5.
6.
Or
Signature
For Registrar
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).
The applicant further declares that he had not previously filed any application, writ
petition or suit regarding the matter in respect of which this application has been made,
before any court or any other authority or any other Bench of the Tribunal nor any such
application, writ petition or suit is pending before any of them.
In case the applicants had previously filed any such application, writ petition or suit,
the stage at which it is pending, and if decided, the list of the decisions should be given
with reference to the number of Annexure to be given in support thereof.
8. Relief sought : In view of the facts mentioned in para 6 above the applicant prays for
the following relief(s) :- (Specify below the relief(s) sought explaining the grounds for
such relief(s) and the legal provisions, if any, relied upon).
9. Interim order, if any prayed for : Pending final decision on the application, the
applicant seeks the following interim relief : (Give here the nature of the interim relief
prayed for).
10. In the event of application being sent by registered post, it may be stated whether
the applicant desires to have oral hearing at the admission stage and if so, he shall
attach a self addressed Post Card or Inland Letter, at which intimation regarding the
date of hearing could be sent to him.
11. Particulars of Banks Draft/Postal Order filed in respect of the application fee.
1.
2.
3.
4.
VERIFICATION
Date : ..........................
FORM II
RECEIPT SLIP
For Registrar,
Versus
YYY .......................................................................Respondent/Applicant
Relief or Payer :
Verification :
Date : ......................
(v) Nationality :
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.
4. Whether the clerk sought to be registered is hereby registered as a clerk of any other
legal practitioner and if so, the name of such practitioner.
To The Registrar