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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. 2. Definitions In these rules, unless the context
otherwise requires, - (a) “Act” means the Administrative Tribunals Act, 1985 (13 of
1985); (b) “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; (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); (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”, 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 shall mean the
Registrar appointed 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 expression used and not
defined in these rules, but defined in the Act shall have the same meanings
respectively assigned to them in the Act.
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.
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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) 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.]
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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.
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 - (i) service by the
party itself; (ii) by hand delivery (dasti) through process server; (iii) by registered
post `with acknowledgement due; (iv)
through the concerned head of Office of the same Department: Provided that if the
Tribunal does not specify the mode of service, notice may be sent by registered post
`with acknowledgement due’ and the provision of sub-rule (2) of rule 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).
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(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. (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. 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
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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. 18.
Substitution of legal representatives. - (1) In the case of death of a party during the
pendency of the proceedings before the Tribunal, the legal representatives of the
deceased party may apply within [ninety days] of the date of such death for being
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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. 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) The orders shall be
pronounced in open court. 21. Publication of orders. - (1) The Tribunal may publish its
decisions which are deemed fit for publication, in a report entitled “Indian Law Report
Central Administrative Tribunal.....................20....” (for short
`ILR”..............CAT..........20........‘). (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. 22. Communication of order to parties. - (1) Every
interim order, granting or refusing or modifying interim relief and final order shall be
communicated to the applicant and to the concerned respondent or to their Counsels,
either by hand delivery or by post free of costs: Provided that unless ordered
otherwise by a Bench, a copy of the final order need not be sent to any respondent
who has not entered appearance : Provided further that when the petitioner or the
respondent is represented by a Counsel, under a single Vakalatnama, only one copy
shall be supplied to such Counsel as named therein. (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. 25. Registration of legal
practitioner’s clerk. - (1) No clerk employed by a legal practitioner shall act as such in
the Tribunal or be permitted to have access to the records and obtain copies of the
orders of the Bench of the Tribunal in which the legal practitioner ordinarily practises
unless his name is entered in the Register of clerks maintained by the said Bench.
Such clerk shall be known as a “Registered Clerk”. (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
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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
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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. APPENDIX A FORM I [See RULE 4] APPLICATION
UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNAL ACT, 1985 Title of the Case :
S. Nos. 1. Application 2. 3. 4. 5. 6. INDEX Description of documents relied upon Page
No. 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 CENRAL
ADMINISTRATIVE TRIBUNAL . .......................................... BENCH A.B. (add
description such as son of, Resident of and place of employment orlast employed.)
APPLICANT Versus 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 to such representations with reference to the number of
Annexure to be given in support thereof). 7. Matters not previously filed or pending
with any other court : The applicant further declares that he had not previously filed
any application, writ petition or suit regarding the matter in respect of which this
application has been made, before any court or any other authority or any other
Bench of the Tribunal nor any such application, writ petition or suit is pending before
any of them. In case the applicants had previously filed any such application, writ
petition or suit, the stage at which it is pending, and if decided, the list of the
decisions should be given with reference to the number of Annexure to be given in
support thereof. 8. 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. 12. List of enclosures: 1. 2.
3. 4. VERIFICATION I .............................................. (Name of the applicant) S/o,
W/o, D/o .............................................., age ......... working as
.......................................in the office of .............................................., resident
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