Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989

1. Short title and commencement

(1) There rules may be called the Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989.

 (2) They shall come into force on the date of their publication in the Official Gazette.

2. Definition

In these rules, unless the context otherwise requires.

(a) “Act” means the Administrative Tribunal Act, 1985 (13 of 1985);

(b) “agent” means a person duly authorised by a party to present an application or a written reply 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 represent the estate of the deceased;

(g) “Registrar” means in relation to the Tribunal 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 the particular Bench and include any officer 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 at other proceeding which has been transferred to the Tribunal under sub-section (1) or sub-section (2) of section 29;

(k) “Tribunal” means the Andhra Pradesh Administrative Tribunal established under sub-section (2) of section 4 of the Act;

 (l) the words and expression used not defined in these rules but defined in the Act shall have the same meaning respectively assigned to them in the Act.

3. Language of the Tribunal

 The language of the Tribunal shall be English :

Provided that the parties to a proceeding before the Tribunal may file documents drawn up in Telugu, if they so desire.

 Provided further that

(a) a Bench may in its discretion permit the use of Telugu in the proceedings. However, the final order shall be in English;

(b) The Bench, hearing the matter, may in its discretion, direct English translation of pleading and documents to be filed.

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 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 acknowledgement due addressed to the Registrar of the Bench concerned.

 (2) The application under sub-rule (1) shall be presented in triplicate in a paper-book form along with one unused file size envelope bearing full address of the respondent.

(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 because the full address of each represent 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 acknowledgment 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 3 single application if it is satisfied, having regard to the cause of action 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 representating the persons desirous of joining in a single application provided however, that the application shall disclose the class grade categories of persons on whose behalf it has been filed.

5. Presentation and scrutiny of application

(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.

(4) 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 inform the applicant accordingly.

(5) An appeal against the order passed under sub-rule (4) may be referred by the person aggrieved within fifteen days from the date of such order to the Chairman in the case of Principal Bench and to the Vice-Chairman concerned, in the case of any other Bench and such appeal may be dealt with and disposed of in Chamber by the Chairman or the Vice-Chairman concerned or in their absence any Member authorized by the Chairman by special or general order, whose decision thereon shall be final.

6. Place of filing application

The 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

(ii) the cause of action has arisen , or

(iii) the respondent.-or any of the respondents against whom relief is sought, ordinarily resides:

Provided that the application may be filed with the Registrar of the Principal Bench and, subject to section 25 of the Act, such application may be transmitted to be heard and disposed of by the Bench which has jurisdiction over the matter.

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 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 situate :

Provided that where the Tribunal permits 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 in indigenous, 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 possible be in Form II.

 9. Documents to accompany the application

(1) Every application shall be accompanied by a paper-book containing—

(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 an document.

(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 Annexure Al, A2, A3 and so on.

 (3) Where an application is filed by an agent, documents authorising him to act as such agent shall also he appended to the application:

Provided that where an application is filed by a legal practitioner, it shall be accompanied by duly executed ‘Vakalatnama”.

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 notices and processes issued by the Tribunal

(1) Any notice or process to be issued by the Tribunal may be served by any of the followings modes directed by the Tribunal.

(i) service by the party himself;

(ii) by hand delivery (Dasti) through a process server;

(iii) by registered post with acknowledgment due; or

(iv) through the head of he department concerned by any one of the above modes.

(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 place of residence or work and other circumstances, direct that 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 done under sub-rule (1), the Tribunal may in its direction having regard to the nature and urgency of the case, direct the service of the notice on the Standing Counsels appointed as such by the State Government or any Department of the State Government.

(5) Every notice issued by the Tribunal shall, unless otherwise ordered, be accompanied by a copy of the application along with a copy of the paper-book.

(6) Every applicant shall pay a fee for the service or 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 changes 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 applications 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 (2) shall also be filed along with the reply and the same shall be marked as Rl, R2, R3 and so on.

(4) The respondent shall also serve a copy of the reply alone with 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.

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. Sittings of the Tribunal

The Tribunal shall ordinarily held its sittings at Hyderabad.

Provided that the Benches of the Tribunal shall be in such places as the State Government may by notification specify;

Provided that if at any time, the Chairman of the Tribunal is satisfied that circumstances exist which render it necessary to have sittings of the said Bench at any place falling within its territorial jurisdiction other than the place or places at which it ordinarily sits, the Chairman may direct that the Bench shall held its sittings at any such appropriate place. For such period as may be specified.

15. Full Bench

A Full Bench shall be a Bench of any number not less than three of the members and the following matters may be heard and determined by a Full Bench, namely.

(i) matters involving the interpretation of any of the provisions of the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulations of Direct Recruitment) Order, 1975 or any order made thereunder;

(ii) all matters arising out of the integration of any services of the State consequent on the provisions of the State Reorganisation Act, 1956 (37 of 1956);

(iii) any other matter which is assigned to, or referred to, it: Provided that in such case or cases where the Chairman, having regard to the nature of the questions involved, is of the opinion that it requires to be decided by a Full Bench of more than 2 Member, he may be so by general or special orders, as he may deem fit.

16. 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.

17. Action on application for applicant’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 apear 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 on merits the decision shall not be respondent except by way of review.

18. 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 exparte;

(2) Where an application has been heard ex parte against a respondent or • respondents, such respondent or respondents may apply 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 the application was called for hearing the Tribunal may make an order setting aside the exparte 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 exparte hearing 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 exparte hearing of an application merely on the ground that it was not served up a respondent or respondents.

19. Review of application to be filed within thirty days

No application for review shall be entertained unless it is filed within thirty days from the date” of the order of which the review is sought.

20. 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 thirty 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.

21. 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.

22. Order to be signed and dated

(i) 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.

(ii) The orders shall be pronounced in open court.

23. Publication of orders

Any order of the Tribunal deemed fit for publication in any authoritative report or the press may be released for such publication on such terms and conditions as the Chairman or the Vice-Chairman concerned may specify by general or special order.

24. Communication of orders to parties

(1) Every interim order granting or refusing or modifying interim relief and final order passed on any application shall be communicated to the applicant and to the respondent concerned either by hand delivery or by registered post free of cost.

 (2) If the applicant or the respondent to any proceedings requires a copy of an 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.

25. Inspection of the records

(1) The parties to any 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 of condition; 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.

26. 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 orders or to prevent abuse of its process or to secure the ends of justice.

27. Registration of legal practitioner’s clerks

(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 employees of the Tribunal authorised 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 by general or special order otherwise permits.

 (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.

28. Working hours of the Tribunal

Except on Sundays and other public holidays, the office of the Tribunal shall, subject to any order made by the Chairman remain open from 9.30 AM and 6 PM.

 29. 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

30. 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 of power required by these rules to be performed or exercised by the Registrar.

(3) In the absence of the Registrar, the Deputy Registrar may exercise all 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.

31. Seal and emblem

The official seal and emblem of the Tribunal shall be such as the State 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.

34. APPENDIX A

APPENDIX A

FORM I

[See rule 4]

APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985

 Title of the Case:

INDEX

Date of filing ordate of Receipt by post Registration No.

Signature for Registrar.

IN THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL BENCH BETWEEN A B APPLICATION AND C D RESPONDENT DETAILS OF APPLICATION:

 1. Particulars of the applicant

 (i) Name of the applicant

 (ii) Name of the Father/Husband

 (iii) Age of the applicant

 (iv) Designation and particulars of office (name and station) in which employed/or was last employed before ceasing to be in service.

 (v) Office address

 (vi) Address for service of notices

 2. Particulars of the respondent:

(i) Name of the respondent:

(ii) Name of Father/Husband

 (iii) Age of the respondent

 (iv) Designation and particulars of office (name and station) in which employed

 (v) Office Address

 (vi) Address for service of notice.

3. Particulars of the order against which application is made.

 The application is against the following order.

 (i) Order No. with reference to Annexure

 (ii) Date

 (iii) Passed by

(iv) Subject in brief

4. Jurisdiction of the Tribunal:

The application declares that the subject-matter of the order against which he wants redressal is within the jurisdiction of the Tribunal.

 5. Limitation:

 The applicant declares that the subject-matter of is within the limitation prescribed in section 21 of the Administrative Tribunals Act, 1985.

6. Facts of the case :

The facts of the case are given below .

(Give here a concise statement of facts in a chronological order, each paragraph containing as.nearly as possible a separate issue, fact or otherwise).

7. Details or the remedies exhausted :

The applicant declares that he has availed of all the remedies available to him under the relevant service rule, etc.

(Give here chronologically the details of representations made and the outcome of such representation with reference to the Annexures numbers).

8. 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 of law or any other authority or any other Bench of the Tribunal and nor any such application, writ petition or suit is pending before any of them.

In case the applicant had previously filed any application, writ petition or suit, the stage at which it is pending and if decided the gist of the decision should be given with reference to the Annexure.

 9. Relief(s) 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 ground for relief(s) and the legal provisions (if any) relief upon].

10. Interim order, if any prayed for :

Pending final decision on the application, the applicant seeks issue of the following interim order .

(Give here the nature of the interim order prayed for with reasons)

11. 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/Inland Letter at which intimation regarding the date of hearing could be sent to him.

12. Particulars of Bank Draft/Postal Order in respect of the Application Fee :

1. Name of the Bank on which drawn

2. Demand Draft No. Or

 1. Number of Indian Postal Order(s)

2. Name of the issuing Post Office

3. Date of Issue of Postal Order(s)

4. Post Office at which payable 13. List of enclosures

1.

2.

3.

4.

VERIFICATION

I…………………………………. (Name of the applicant) S/O, D/O, W/O …………………………………. age……………….. working as …………………………………. in the office of…………………………………. resident of…………………………………. do hereby verify that the contents of paras ……………….. to ……………….. are true to my personal knowledge and para ……………….. to …………………………………. believed to be true on legal advice and that I have not suppressed any materials fact.

 Signature of the applicant

 Dated:

 Place:

 To

 The Registrar,

 Andhra Pradesh Administrative Tribunal,

 HYDERABAD.

 FORM II

(See Rule 4(4))

 RECEIPT SLIP

Receipt of the application final in the Central Administrative

Tribunal………………………………. Bench by Shri/Kum./Smt………………………………..working as……………………………….. in the Ministry/Department/Office of ……………………………….. residing at……………………………….. is hereby acknowledged.

for Registrar Andhra Pradesh Administrative Tribunal

Date:

Seal

IN THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL

(See rule 8(3))

 Misc. Application No………………………………. of…………………………in Original

Transferred Application No………………… of 19…………………………..XXX …………….. Applicant

(Applicant/Respondent)

 Vs.

YYY ……………….. Respondent

(Respondent/Applicant)

Brief facts leading to the application :

Relief or Prayer:

Verification:

I …………………………………. (name of the applicant) S/o, D/o W/o …………………………………. age…………………………………. working as …………………………………. in the office of …………………………………. resident of …………………………………. do hereby verify that the contents para …………………………………. to …………………………………. are true on legal advice and that I have not suppressed any material fact.

Signature of applicant Signature of the Advocate

Place:

Date:

FROM IV

(See rule 25(2))

APPLICATION FOR THE REGISTRATION OF A CLERK

1. Name of legal practitioner on whose behalf one clerk is to be registered.

2. Particulars of the clerk to the registered

Attested passport size photograph to be pasted

(i) Full name: (in capital)

(ii) Father’s Name:

(iii) Age and Date of Birth :

 (iv) Place of birth :

(v) Nationality

(vi) Educational qualifications:

(vii) Particulars of previous employment, if any :

I …………………………………. (Clerk above named) do hereby affirm that the particulars relating to me given above are true.

 (Signature of Clerk)

3. Whether the legal practitioner has a clerk already registered in him employ and whether the clerk sought to be registered is in lieu of or in additional to be clerk already registered.

4. Whether the clerk sought to be registered is already registered as a clerk of any other legal practitioner and if so, the name of such practitioner.

I, …………………………………. (legal practitioner) certify that the particulars given above are true to the best of my information and belief and that I am not aware of any . fact which would render unsuitable the registration of the said …………………………………. (name) as a clerk. Further, I enclose Postal Order for Rs. 2.50 being the cost of Identity Card alongwith 2 passport size photographs of the applicant duly attested by me.

 Signature of legal practitioner

Date:

To

The Registrar,

Andhra Pradesh Administrative Tribunal,

HYDERABAD.