UTTAR PRADESH PUBLIC SERVICE (TRIBUNAL) ACT, 1976

S.1 Short title, extent, commencement and application

1. (1) This Act may be called the Uttar Pradesh Public Services ¹[Tribunal] Act, 1976.

(2) It extends to the whole of Uttar Pradesh.

(3) It shall be deemed to have come into force on November 24, 1975.

(4) This section and sections 2 and 6 shall apply in relation to all public servants while the remaining provisions shall not apply to the following classes of public servants, namely :

(a) a member of a judicial service;

²[ (b) an officer or servant of the High Court or of a court subordinate to the High Court ;]

S.2 Definitions

2. In this Act

(a) appointed date, means the twenty-fourth day of November 1975;

¹[ (a-1) Bench means a Bench of the Tribunal;

(a-2) Chairman means the Chairman of the Tribunal;

²[ (a-2A) Chief Justice means the Chief Justice of the High Court,]

(a-3) District Judge means the District Judge within the meaning of the Bengal, Agra and Assam Civil Courts Act, 1887;

S.3 Constitution of the Tribunal

¹[ 3. (1) As soon as may be after the commencement of the Uttar Pradesh Public Services (Tribunals) (Amendment) Act, 1992, the State Government shall, by notification, establish a Tribunal to be called the State Public Services Tribunal.

(2) The Tribunal shall consist of a Chairman, ²[ a Vice-Chairman (Judicial), a Vice-Chairman (Administrative)] and such number of other Judicial and Administrative members not less than five in each category, as may be determined by the State Government.

(3) A person shall not be qualified for appointment as Chairman, unless he

3-A (1) The State Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.

(2) The officers and other employees of the Tribunal shall discharge their functions under the general superintendent of the Chairman.

(3) The salaries and allowances and conditions of service of the officer and other employees of the tribunal shall be such as may be prescribed.]¹

S.4 Reference of claim to tribunal

¹[ 4. ²[ (1) Subject to the other provisions of this Act, a person who is or has been a public servant and is aggrieved by an order pertaining to a service matter within the jurisdiction of the Tribunal, may make a reference of claim to the Tribunal for the redressal of his grievance.

Explanation.-For the purpose of this sub-section order means an order or omission or in-action of the State Government or a local authority or any other Corporation or company referred to in clause (b) of section 2 or of an officer, committee or other body or agency of the State Government or such local authority Corporation or company :

Provided that no reference shall subject to the terms of

S.4A Hearing of Reference by the Tribunal

¹[ 4-A. (1) The Chairman may from time to time constitute Benches consisting of a single member or two members, for the disposal of such references of claims and other matters as may be specified by him.

(2) It shall be lawful for the Chairman to nominate himself as a member of any such Bench.

(3) A Bench consisting of two members shall include a Judicial Member and an Administrative Member.

²[ Explanation : For the purposes of this sub-section the Chairman who has been a High Court Judge or a District Judge or a Vice-Chairman who has been a District Judge shall be deemed to be a Judi

S.5 Powers and Procedure of the Tribunals

5. (1) (a) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908, or the rules of evidence contained in the Indian Evidence Act, 1872, but shall be guided by the principles of natural justice, and subject to the provisions of this section and of any rules made under section 7, the Tribunal shall have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) :

¹[ Provided that where, in respect of the subject matter of a reference, in competent court has already passed a decree or order or issued a writ or direction, and such decree, order, writ or direction has become final, the principle of res judicara shall apply;]

¹[ (5-A) Without prejudice to the jurisdiction, powers and authority of the High Court under the Contempt of Courts Act, 1971 in respect of contempt of courts subordinate to it, the Tribunal shall have and exercise jurisdiction, power and authority in respect of contempt of itself as the High Court has, and may exercise in respect of contempt of itself, and for this purpose the provisions of the Contempt of Courts Act, 1971 shall, mutatis mutandis, apply subject to the following modifications, namely :–

(a) references therein to High Court, its Chief Justice and other Judges shall be construed as reference to the Tribunal its Chairman and other members respectively ;

S.6 Bar of suits

6. (1) No suit shall lie against the State Government or any local authority or any statutory corporation or company for any relief in respect of any matter relating to employment at the instance of any person who is or has been a public servant, including a person specified in ¹[ clauses (a) to (g)] of sub-section (4) of section I.

(2) All suits for the like relief, and all appeals, revisions, applications for review and other incidental or ancilliary proceedings (including all proceedings under Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908), arising out of such suits, and all applications for permission to sue or appeal as pauper for the like relief, pending before any court subordinate to the High Court and all revisions (arising out of interlocutory orders) pe

S.6A Members and staff of the Tribunal to be public servant

¹[ 6-A. The Chairman, Vice-Chairman, Members, Officers and other employees of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

S.6B Protection of action taken in good faith

6-B (1) No suit, prosecution or other legal proceedings shall lie against the Chairman, Vice-Chairman, members or any other person for anything which is in good faith done or intended to be done, in pursuance of the provisions of this Act or the rules made thereunder.

S.6C Members to be Judges

6-C. The Chairman, Vice-Chairman and members shall be deemed to be the Judges for the purposes of the Judges (Protection) Act, 1985 and the Judicial Officers Protection Act, 1850.]

S.7 Power to make rules

7. (1) The State Government may by notification make rules for carrying out the purposes of this Act.

¹[ (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :

(a) the powers and procedure of the Tribunal;

(b) the constitution of and distribution of business among the Benches;

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S.8 Repeal, Savings and transitory provisions

8. (1) The Uttar Pradesh Public Services (Tribunals) Ordinance, 1970 is hereby repealed.

(2) Notwithstanding such repeal or the repeal of the Uttar Pradesh Public Services (Tribunals) Ordinance, 1975 by the Ordinance mentioned in sub-section (1) anything done or any action taken under the said Ordinances shall be deemed to have been done or taken under this Act as if this Act was in force at all material times.

(3) In relation to orders mentioned in the proviso to clause (b) of sub-section (1) of section 5 of this Act and applications referred to in sub-section (2) of section 6 of this Act which were not mentioned in the corresponding provisions of the said Ordinance of 1975, the references to the appointed