CENTRAL ADMINISTRATIVE TRIBUNAL (PROCEDURE) RULES, 1987
(1) These rules may be called the Central Administrative Tribunal (Procedure) Rules, 1987.
(2) It shall come into force on the Fifteenth day of January, 1987.
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 authorised by a party to present an application, written reply, rejoinder or any other document on its behalf before the Tribunal;
(c) "application" means a person making an application to the Tribunal under Sec. 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
(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 Bench 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 o
(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 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 compilation
(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
(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 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 Reg
(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 order 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 ordi
Every application filed with the Registrar shall be accompanied by a fee of rupees fifty to be remitted either in the form of crossed demand draft on a nationalised bank in favour of the Registrar of the concerned Bench and payable at the main Branch of that bank at the station where the seat of the said Bench is situate, or remitted through a crossed Indian Postal Order drawn in favour of the Registrar of the concerned Bench and payable at the post office of the station where the said Bench is situate:
Provided that where the Tribunal permit a single application to be filed, either by more than one person or by an Association, the fee payable shall be rupees fifty:
Provided further that where the Tribunal is satisfied that an applicant is unable to pay the prescribed fee on ground of indigence, it may exempt such an applicant from the p
(1) Every application filed under rule 4 shall set forth under 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 Sec. 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.
(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.
(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 A1, A2, A3 and so on.
(3) Where an application is filed by any 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 practiti
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.
(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
(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 VI, 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 alongwith the reply and the same shall be marke
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.
(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.
(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 responded except by way of review.
(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 pro
(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 sha
(1) In the case of death of a party during the pendency of the proceedings before the Tribunal, the legal representatives of the deceased party may apply within ninety days of the date of such death for being brought on record as necessary parties.
(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.
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.
(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.
(1) 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_____).
(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.
(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 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 petitioners or the respondents 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
(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.
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.
(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.
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.
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.
(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.
&n
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
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.
The official seal and emblem of the Tribunal shall be such as the Central Government may specify.
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.
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.
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