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Armed Forces Tribunal (Procedure) Rules, 2008
(1) These rules may be called the Armed Forces Tribunal (Procedure) Rules, 2008.
(2) They shall come into force from the date of publication in the Official Gazette.
(1) In these rules, unless the context otherwise requires,--
(i) "Act" means the Armed Forces Tribunal Act, 2007 (55 of 2007);
(ii) "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;
(iii) "applicant" means a person making an application to the Tribunal under subsection (2) of Section 14 or an appeal under sub-section (2) of Section 15 of the Act;
(iv) "application" includes Original Application (O.A.), Review Application (R.A.), Transferred Application (T.A.), Miscellaneous Application (M.A.), Application for Transfer (A.T.) and Contempt Application (C.A.), filed before the Tribunal;
(v) "Code" means the Code of Civil Procedure, 1908 (5 of 1908);
(vi) "Court appealed from" includes a tribunal or any other judicial body or court martial or authority against the decision of which an appeal is preferred to this Tribunal;
(vii) "F
(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:
Provided further that--
(a) the 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.
(2) No document in a language other than English intended to be used in any proceeding shall be received by the Registrar unless it is accompanied by a translation in English certified to be a true translation.
(3) The Bench may, in its discretion, make final orders either in Hindi or in English:
Provided that where a final order is made in Hindi, an authenticated English translation thereof shall simultaneously be prepared and kept on record.
(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 Chairperson or Vice-Chairperson to receive the same or be sent by registered post or by courier with acknowledgment due addressed to the Registrar of the Bench concerned.
(2) (i) The application under sub-rule (1) shall be presented in triplicate in the following two compilations--
(a) Compilation No 1.--Application along with an attested true copy of the impugned order against which the application is filed;
(b) Compilation No 2.--All other documents and annexures relied upon by the applicant and referred to in the application in a paper book form.
(ii) All the documents filed in the Tribunal shall be accompanied by an index in duplicate containing their details memo of the parties and a list of relevant dates. The amount of application fee a
(1) The Registrar or the officer authorised under Rule 4 shall endorse the date of receipt on the application and also on the duplicate copy of the index and return the same to the party and in case of an application received by post, he shall endorse the date of its receipt and send the duplicate index to the applicant concerned.
(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 is found to be defective and the defect noticed is formal in nature, the Registrar may allow the applicant to rectify the same in his presence, and if the said defect is not formal in nature, the Registrar may for sufficient cause return the said application for rectification or amendment to the party filing the same, and for this purpose may allow the party concerned such reasonable time as he may consider necessary. Where an application is received by registered post, the applicant shall be informed of
(1) An application shall ordinarily be filed by the applicant with the Registrar of the Bench within whose jurisdiction--
(i) the applicant is posted for the time being, or was last posted or attached; or (ii) where the cause of action, wholly or in part, has arisen:
Provided that with the leave of the Chairperson the application may be filed with the Registrar of the Principal Bench and subject to the orders under Section 14 or Section 15 of the Act, 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), a person who has ceased to be in service by reason of his retirement, dismissal, discharge, cashiering, release, removal, resignation 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.
1[(1)] Every application filed with the Registrar shall be accompanied by a fee of rupees two hundred and 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 situated, 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 on behalf of more than one person, the fee payable shall be rupees five hundred:
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 application fee.
2[(2) Notwithstanding anything contained in sub-rule (1), the app
(1) Every application filed under Section 14 or Section 15 shall be fairly and legibly typed or printed in double spacing on one side of thick paper of good quality with an inner margin of about three cm width on top and on the left side.
(2) Paragraphs shall be divided into sub-paragraphs and numbered consecutively. Each paragraph shall contain, as nearly as may be a, separate accounts of events.
(3) Dates of Gregorian Calendar shall also be given where Saka or other dates are used.
(4) At the foot of every application there shall appear the name and signature of the applicant or the agent or legal practitioner, if any, who has drawn and settled it.
(5) The particulars to be stated in address for service shall as far as possible contain the following--
(i) the name of the road, street, lane or municipal or other number of the house; (ii) the name of the town or village;
(iii) the post office or postal district together with pin code; and (i
(1) The following documents shall be annexed to the application--
(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; and (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 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".
An application shall be based upon a single cause of action and may seek one or more relief, provided that they are consequential to one another.
(1) Notices to be issued by the Tribunal may be served to the party by any of the following modes--
(i) service by the party itself;
(ii) by hand delivery (dasti) through a process server;
(iii) by registered post or a courier agency 'with acknowledgment due'; or (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 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 w
(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 along with 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 along with documents as mentioned in sub-ru
Every application under Rule 8 and the reply under Rule 12 shall be supported by an affidavit of the person verifying the application or reply, as the case may be.]
After the receipt of the notice from the Tribunal the respondents will file their statements/reply on the date fixed for hearing to enable the Tribunal to dispose of the application filed before it as expeditiously as possible. If for any reasons, the service Headquarter or the Department/Ministry is unable to file their statements on the date fixed, they will produce through a responsible official, the required records/documents before the Tribunal to enable it to proceed with the case further on the basis of the records/documents and written statements may be filed subsequently.
The Tribunal shall notify to the parties the date and the place of hearing of the application in such manner as the Chairperson may by general or special order direct.
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.
(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 merits.
(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 that, where the case has been disposed of on merits the same shall not be reopened 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 thirty days from the date of the order to the Tribunal for an order to set 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 the application was called for hearing, the Tribunal shall make an order setting aside the ex parte hearing 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 hearing of the a
(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) An application for review shall ordinarily be heard by the same Bench which has passed the order, unless the Chairperson 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, an application for review shall be disposed of by circulation where the Bench may either dismiss the application or direct notice to be issued to the opposite party.
(4) Where an application for review of any judgment or order has been disposed of, thereafter no application for further review shall lie.
(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. The counter-affidavit in review application will also be a duly sworn affid
(1) In the case of death of a party during the pendency of the proceedings before the Tribunal, the legal heir or representatives of the deceased party may apply within ninety days of the date of such death for being brought on record as a necessary party.
(2) Where no application is received from the legal heir or representatives within the period specified in sub-rule (1), the proceedings against the deceased party shall abate:
Provided that for good and sufficient reasons the Tribunal, may on an application, set aside the order of abatement and substitute the legal heir or representatives.
(1) 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 deems fit with respect to the costs occasioned by the adjournment. All adjournments shall be to a day certain and no application or matter shall be adjourned sine die except for reasons recorded in writing.
(2) The Tribunal shall have the power to decline an adjournment and also to limit the time for oral arguments:
Provided that where the Tribunal deems it necessary, for reasons to be recorded in writing, it may allow oral evidence to be adduced.
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. The orders shall be pronounced in open Court.
Such of the orders of the Tribunal, as are deemed fit for publication in any authoritative report or Military Law Journal or the press, may be released for such publication on such terms and conditions as the Chairperson 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 legal practitioner 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 applicants or the respondents are represented by a legal practitioner, under a single Vakalatnama, only one copy shall be supplied to such legal practitioner 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 and on payment of such fee as may be fixed by the Chairperson by general or special order.
(1) Inspection of records of a pending or decided case before the Tribunal shall be allowed only under the orders of the Registrar.
(2) The parties to any case or their legal practitioner may be allowed to inspect the record of the case on making an application in writing to the Registrar.
(3) Subject to such terms and conditions as may be prescribed by the Chairperson by a general or special order, a person who is not a party to the proceedings, may also be allowed to inspect the record after obtaining the permission of the Registrar in writing.
Nothing in these rules shall be deemed to limit or otherwise affect the inherent powers of the Tribunal to 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.
(1) Whenever it becomes necessary in the course of proceedings before the Tribunal to appoint a commission to make a local inquiry or to examine documents or accounts, the Chairperson or the Vice -Chairperson may issue orders for such appointments, specifying therein--
(i) the precise matter of the inquiry; and
(ii) the reason asking why the evidence bearing on that matter could not reasonably have been taken in the usual way in the proceedings in the Tribunal.
(2) Commissioners to examine accounts may be selected from persons competent in the particular form of accounts.
(3) The Tribunal shall exercise great care in selecting persons for appointment as commissioners for the purpose of making inquiries. The habitual employment of the same person should be avoided.
(4) The Tribunal shall for the said purpose, maintain a list of legal practitioner's whom the Chairperson or Vice-Chairperson may select, from time to time, as fit to be employed in such
(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 practice 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) No person shall be employed by a legal practitioner as his clerk unless such person has been a legal practitioner's clerk for three year, or is a qualified petition-writer or has passed the Graduation Examination of a recognised University:
Provided that no such person shall by employed as a Clerk:
(i) if he has been declared a tout; or
(ii) if he is an undischarged insolvent; or
(iii) if he has been convicted for an offence involving moral turpitude; or
(iv) if he has been dismissed from the service of Government, unless he can show that his dismissal was not due to cond
The offices of the Tribunal except on Saturday, Sundays and other public holidays, shall remain open daily from 9.30 A.M. to 5.30 P.M. subject to any general or special order made by the Chairperson. Any urgent matter filed before 12 noon shall be put before the Bench for hearing on the following working day. In exceptional cases, it may be received thereafter for hearing on the same day with the leave of the Chairperson or Vice-Chairperson, as the case may be.
Unless otherwise ordered by the Chairperson by any general or special order or by the Vice-Chairperson concerned with the prior approval of the Chairperson, the Tribunal, including Vacation Bench shall hold its sitting on all working days from 10.00 A.M. to 1.00 P.M. and from 2.00 P.M. to 4.30 P.M.
(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 Chairperson or the Vice-Chairperson of the Bench concerned by separate order.
(2) The Registrar may, with the approval of the Chairperson or of the Vice-Chairperson of the Bench concerned delegate to the Additional 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 Additional Registrar or any other officer to whom the powers and functions of the Registrar are delegated by the Chairperson or Vice-Chairperson, may exercise the powers and functions of the Registrar.
(4) The Registrar may if the circumstances so require, or if so directed by the Bench, at any time adjourn any matter and lay the same before the concerned Bench.
The Registrar shall have the following powers and duties subject to any general or special order of the Chairperson or the Vice-Chairperson 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 fr
(1) The official seal and emblem of the Tribunal shall be such as the Chairperson may from time to time direct and shall be kept in the custody of the Registrar.
(2) Subject to any general or special direction by the Chairperson, 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 Additional Registrar.
(3) 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 Additional Registrar.
The dress for the Members of the Tribunal including Chairperson and Vice-Chairperson and the staff shall be such as the Chairperson may specify.
A legal practitioner or as the case may be, the Presenting Officer shall appear before the Tribunal in his professional dress, if any, and it there is no such dress--
(i) if a male, in shirt and trousers with or without tie or in a lounge suit;
(ii) if a female, in a saree or any other customary dress of a sober colour.
APPENDIX 'A' Title of the Case: | ||
INDEX | ||
SI. No. | Description of documents relied upon | Page No. |
1. | Application along with true copy of the impugned order | |
2. | All other documents and annexures | |
3. | ||
FORM II Receipt of the application filed in the Armed Forces Tribunal ............................................ Bench ......................... by No ............................. Rank ............................. Name ........................................ in the Ministry/Department/Office of .............................. residing at ........................... Is hereby acknowledged. For Registrar, Dated: .............................. | ||
FORM III | Attested passport size photograph to be pasted |
| 1. Name of legal practitioner on whose behalf the clerk is to be registered. | |
| 2. Particulars of the clerk to be registered. | |
| (i) Full name (in capital): | |
| (ii) Father's name: | |
| (iii) Mother's name: | |
| (iv) Husband/Wife's name (if applicable) | |
| (v) Age and date of birth: | |
| (vi) Place of birth: | |
| (vii) Nationality: | |
| (viii) Educational Quali | |
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