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RAJASTHAN CIVIL SERVICES (SERVICE MATTERS APPELLATE TRIBUNAL) RULES, 1976
RAJASTHAN CIVIL SERVICES (SERVICE MATTERS APPELLATE TRIBUNAL) RULES, 1976.
1. Title - These rules may be called the Rajasthan Civil Services (Service Matters Appellate Tribunal) Rules, 1976.
2. Commencement - These rules shall come into force on 1st July, 1976.
3. Interpretation - (1) In these rules, unless the context otherwise requires –
(i) "Act" means the Rajasthan Civil Services (Service Matters Appellate Tribunal) Act, 1976.
(ii) "Appeal" means an appeal preferred under sub-section (1) of Section (4) of the Act.
(iii) "Appellant" means a Government servant, who is entitled under the Act to file an appeal and in case of death of such Government servant his legal representative;
(iv) "Bench" means a bench of the Tribunal under sub section (2) of section 5 of the Act, as may be constituted under rule 5 of these rules;
(v) "Chairman" means the Chairman of the Tribunal;
(vi) "Form" means a form appended to these rules;
(Added Vide Notification No F.9(1)/DOP/A-2/99 Dated 11-09-2002) (vi-A) Full bench means a bench consisting of three or more members.
(vii) "Government" means the Government of Rajasthan;
ß (viii) "Member" means a member of tribunal including Chairman;
(ix) "Party" means and includes appellant and/or respondent;
(x) "Registrar" means an officer who is appointed by the Government to discharge functions of Registrar of Tribunal under these rules and includes, any other person who is for the time being entrusted with the functions of the registrar by the Chairman of the Tribunal under these rules;
(xi) "respondent" includes in case of death of the respondent his legal representatives;
(xii) "Section" means the section of the Act;
(xiii) "Tribunal" means the Rajasthan Civil Services Appellate Tribunal constituted under sub section (I) of Section 3 of the Act;
(xiv) "Super-time Scale of Indian Administrative service" means any pay scale above the time scale laid down in Schedule II of the Indian Administrative Service(Pay) Rules, 1954.
(2) Any reference in these rules to a rule is a reference to the rule contained therein.
(3) The provisions of the Rajasthan General Clause Act, 1955 (Act No. 8 of 1955) shall mutatis mutandis apply, as far as may be, to these rules in the same manner as they apply to an Act passed by the Rajasthan State Legislature.
4. Constitution of Bench –
The Chairman, who shall be a member of Indian Administrative Service in Super-time Scale of Indian Administrative Service or in his absence, the member to be nominated by him, may, by special or general order direct the constitution of bench or benches comprising of two or more members. (Added Vide Notification No F.9(1)/DOP/A-2/99 Dated 14-06-2001.)
"Provided that the matters pertaining to transfer shall be heard by the full Bench of the Tribunal."
(Substituted Vide Notification No F.9(1)/DOP/A-2/99-II Dated 17-02-2003) 5. Nominated of the members other than Chairman and the member belonging to the Rajasthan Higher Judicial Service and regulation of their terms and conditions of employment –
The other members shall be the officer serving under the State Government or retired Government servants and their terms and conditions of employment shall be as may be decided by the Government."
6. Headquarter of the Tribunal –
The headquarters of the Tribunal shall be at Jaipur unless otherwise ordered by the Government.
7. Sitting of Bench –
A bench shall hold its sitting at its headquarters or at such other place or places as may be considered convenient by its Chairman, or in his absence, the member to be nominated by the Chairman, under rule 4.
8. Procedure for filling memorandum of appeal –
(1) A memorandum of appeal to the Tribunal may be presented by the appellant or his authorised representative or an Advocate in person to the Registrar during office hours at the head-quarters of the Tribunal or may be sent by the appellant by registered post to the Registrar at the head-quarters of the Tribunal.
(2) A memorandum of appeal sent by post under Sub. Rule(i) shall be deemed to have been presented to the Registrar on the date of its receipt in the office of the Tribunal at its headquarters.
9. Date of representation of Appeal –
The Registrar shall endorse on every memorandum of appeal the date on which it has been presented or is deemed to have been presented under rule 8 and shall sign the endorsement.
10. Receipt Slip –
The appellant may attach to and present with his appeal a receipt slip which shall be signed by a person nominated by the Registrar in acknowledgement of the receipt of the appeal.
11. Contents of memorandum of appeal - Every memorandum of appeal shall be in the form No.1 and shall –
(i) State the name and address of the appellant,
(ii) State the name and address (to the ext. known) of the necessary respondents, and
(iii) set out concisely and under distinct heads the grounds of appeal without any argument or narrative.
12. Signing of memorandum of appeal –
The appellant himself shall sign or put his-thumb impression on the memorandum of appeal.
13. Copies of memorandum of appeal to be presented to the Tribunal –
The appellant shall submit the following number of copies of the memorandum of appeal to the Registrar –
(i) 3 copies for the Tribunal and
(ii) as many copies as there are respondents in the case.
14. What to accompany memorandum of appeal:-
Every memorandum of appeal shall be accompanied by
(i) a certified or a photo-stat copy of the order appealed against;
(ii) where the appellant, for reasons beyond his control, is not in a position to furnish a duly certified copy or photo-stat copy of the order under item (i) above the appeal shall be accompanied by an affidavit stating the reasons therefore;
(iii) copy or copies of the documents photo-stat or otherwise on which he whished to rely along with a list or documents.
15. Filing of affidavits :-
Where a fact as alleged in the appeal or reply there of cannot be borne out by, or is contrary to the records, it shall be started clearly and concisely and supported by a duly stamped and attested affidavit.
16. Scrutiny :-
On presentation of memorandum of appeal and before initiating any action on it, the Registrar shall have the scrutiny made on the following points and obtain the orders of the Bench under rule 17 :-
(i) Whether the memorandum is the prescribed form;
(ii) Whether it bears the signatures or thumb impression of the Appellant;
(iii) Whether it is accompanied by a certified or a photostat copy of the order against which the appeal has been filed along with the requisite No. of Copies or an affidavit under item (ii) of Rule 14;
(iv) Whether affidavits duly sworn, in case a fact cannot be borne out by, or is contrary to the records, accompany the appeal;
(v) Whether it is with in the jurisdiction of the Tribunal;
(vi) Whether it contains the grounds of appeal;
(vii) Whether the appeal is within the period of limitation or whether the appellant has given sufficient cause for not preferring appeal within the limitation period;
(viii) Whether the necessary parties have been impleaded;
(ix) Any other relevant point affecting the admissibility of appeal.
17. Admissibility of the appeal :-
Either on the basis of the scrutiny referred to in rule 16 or on its scrutiny, the Bench nominated by the Chairman or in his absence by the member authorised by the Chairman for the purpose may :-
(i) admit the appeal against the necessary parties; or
(ii) permit the appellant to amend the memorandum of appeal or produce necessary document and there after admit the appeal against the necessary parties; or
(iii) reject the appeal.
18. Hearing in case of rejection :-
The Bench set up under rule 17 shall hear the appellant or his representative or advocate in case it is proposed not to admit his appeal.
19. Summoning of Respondent and production of record:-
On the admission of an appeal, the bench shall order the :-
(i) Issue of summons in form No.2 to the respondents considered as necessary parties by the bench.
Explanation:-
In case any order passed by the Government has been challenged, the summons shall be issued to the secretary has been challenge, to the Govt. in the Department concerned. In case the order challenged has been passed by any officer or any Department, the summons shall be issued to such an officer, and also the head of the Department concerned;
(i) Production within the period laid down by the bench, of the record considered necessary by the bench for the hearing and disposal of the appeal.
20. What to accompany the summons to Respondents:-
Along with the copy of the summons to the respondent, the following documents shall be sent to the respondent:-
(i) Copy of memorandum of appeal.
(ii) Copy of the order appealed against which shall be supplied by the appellant.
21. Service of summons:-
Every summon shall be served:-
(i) by tendering or delivering a copy of it to -
(a) the person summoned or
(b) his duly authorised representative or advocate; or
(c) in case he is absent any adult male member of his family usually residing with him;
or
(ii) in case the person summoned cannot be found or refuses to sign the acknowledgment, by affixing a copy thereof to some conspicuous part of his usual or last known place of his residence or publication of the summons in the newspapers, at the cost of the appellant;
Provided that in any appeal the Tribunal may in its discretion send the summons to the respondent by registered post in addition to or in alternative to the mode of service laid down in this rule. An acknowledgement purporting to be signed by the respondent or an endorsement by postal servant that the respondent refused to take the delivery may be deemed by the Tribunal to be prima facie proof of service.
22. Reply of respondent :-
(1) In the summons issued to the respondent the time allowed for reply shall be stated and the reply shall have to be filed with in the prescribed time, unless reasons for not doing so are accepted by the Bench, or when the respondent expresses his intention in writing to submit the reply orally at the time of arguments.
(2) The respondent shall submit 3 copies of the written reply for the Tribunal and once copy for the appellant.
23. Inspection of documents and records :-
On application of a party, the Registrar may permit the inspection of records and the document relevant to the case and in the possession of the Tribunal.
24. Discovery and production of documents:-
On the request of the party the Bench may require the discovery or production of any document provided it is relevant to the hearing and disposal of the Appeal.
25. Dismissal on non-appearance of appellant :-
On the non-appearance of the appellant or his duly authorised representative or advocate, the Bench may dismiss the appeal or may pass and other orders as it thinks fit.
26. Restoration of appeal:-
On sufficient grounds the Bench may restore an appeal dismissed under rule 25 even without hearing the respondent, provided application for restoration is made within 30 days of the order passed under rule @ 25."The bench may impose such cost, as it thinks fit.
27. EX-prate proceedings against Respondent:- If the respondent does not submit the reply within time mentioned in the summons or extended by the Bench or does not express his intention in writing to argue his case orally at the time of arguments or the respondent or his authorised representative or Advocate does not appear on the day of hearing, the Bench may proceed ex-prate against him.
28. Review of ex-prate order :-
On sufficient grounds the Bench even without hearing the appellant may rescind its ex-prate order.
29. Summoning of witness and payment of their expenses:-
(1) At any stage, on the request of a party, or on its own motion, the Bench may order summoning of witnesses.
(2) Where, the witness is a person in the service of the Government of Rajasthan, Central Government or other State Governments, he shall be given a certificate of attendance enabling him to draw Travelling Allowance as on tour in accordance with the rules applicable to such government servants.
(3) (i) In case of an M.P. or M.L.A. he shall be entitled to draw Travelling and Daily Allowance as per rules admissible to him for attending meetings of the committees constituted by the Government.
(ii) In case of other non-official witness not covered by sub-rule(2) and item (1) above including retired officials, they shall be entitled to Travelling Allowance and Daily Allowance as provided in rule 31(2) of Rajasthan Travelling Allowance Rules;
(iii) Where a local witness is summoned by the Tribunal, he shall be paid @ Rs.4/- per day.
(4) Where the Bench order the payment of expenses under sub-rule(3) it shall also pass an order as to whether the expenses are to be borne by the state Government or by any party to the proceedings.
(5) Before a person is ordered to be summoned as a witness, it shall be competent for the Bench to require the party at whose instance the summons have been issued to deposit the likely expenses of the witness before the issue of summons.
(6) The summon to witness shall be issued in form No.3.
30. Adjournment :-
Except for the reasons to be recorded in writing, the Bench shall bear an appeal from day to day on sufficient cause being shown it may grant adjournment subject to such costs or other conditions as are & considered appropriate by the Bench.
31. Appearance before a Bench:-
A party may appear before a Bench either personally or through his representative or advocate duly authorised in form No.4.
32. Arguments:-
The parties may, either personally or through their authorised representative or advocates submit orally or in writing or in both, their arguments before the Bench the appellant shall not except by leave of the Bench, urge or be heard in support of any ground not set forth in the memorandum of appeal.
33. Order :-
The order of the Bench shall be in writing and shall state the points of determination, its findings thereon and the reasons for these findings in a concise manner.
34. Copies :-
On the application of parties, certified copies of the documents or orders shall be supplied to the parties by the Registrar on payment of fees as prescribed in Schedule A. No such fee shall be charged from the Government.
35. Continuation of proceedings after the death of a party :-
An appeal shall abate, unless on the death of appellant his legal representative applies for its continuance to the Tribunal within a period of thirty days from the date of the death of the appellant. In the event of the death of any respondent, his legal representative, if he so desires, may apply for being impleaded as a party within a period of thirty days for the date of the death of the respondent.
36. Procedure regarding matters not covered by rules :-
The Tribunal shall follow such procedure as it may think fit on the matters not provided by and not inconsistent with the Act or rules.
(Added Vide Notification No F.9(1)/DOP/A-2/99 Dated 12-08-2002.) 37. Caveat :- Any Government servant or the State Government may file a caveat with the Tribunal in respect of any matter which such party consider likely to be raised before the tribunal and where such a caveat is filed the Tribunal shall, before passing any interlocutory order, give an opportunity of being heard to the party which has filed the caveat.
FORM No. 1
(See rule 11)
Memorandum of appeal
Appeal No ……………………
of ………………………………………………… Before the Rajasthan Civil Services Appellate
Tribunal, Rajasthan, Jaipur.
Appeal under the Rajasthan Civil Services (Services matter Appellate Tribunal) Act, 1976.
1 (i) Name and father's name of the appellant.
(ii) Present post and name of office.
(iii) Residential address.
2. Name and address of the respondent/s
3. Number and date of the order appealed against and name and designation of the officer who passed the order.
4. Whether any appeal under the service Rules was/has been filed before any competent authority ? If so, with what result ?
5. If the Appellant proposes to be represented by a representative/ or advocate their names and postal addresses.
6. Number and nature of affidavits furnished alongwith this appeal
7. Grounds of appeal:-
8. Prayer
Place …………………………………….
Date ……………………………………
Appellant's Signature.
FORM No. 1
(See rule 11)
Memorandum of appeal
Appeal No ……………………
of ………………………………………………… Before the Rajasthan Civil Services Appellate
Tribunal, Rajasthan, Jaipur.
Appeal under the Rajasthan Civil Services (Services matter Appellate Tribunal) Act, 1976.
1 (i) Name and father's name of the appellate.
(ii) Present post and name of officer.
(iii) Residential address.
2. Name and address of the respondent/s
3. Number and date of the order appealed against and name and designation of the officer who passed the order.
4. Whether any appeal under the service Rules was/has been filed before any competent authority? If so, with what result?
5. If the Appellant proposes to be represented by a representative/ or advocate their names and postal addresses.
6. Number and nature of affidavits furnished alongwith this appeal
7. Grounds of appeal:-
8. Prayer
Place …………………………………….
Date ……………………………………
Appellant's Signature.
FORM No.2
[(See rule 19(i))]
In the Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur.
Appeal No…………………………………….. of ………………………………… 19…………..
To
.
………………………………….. (Name, description and
…………………………………... Place of residence).
…………………………………...
Whereas (name of appellant)………………………………. has filed an appeal against the order dated ………………….. passed by …………………………….. (copy of memorandum of appeal and order enclosed); you are hereby summoned to appear in this Tribunal, in person or by a representative or Advocate duly instructed and authorise and able to answer all material questions relating to the appeal on the ……………………. Day of ……………… 19………
You may file your reply and produce all the documents upon which you intend to rely in support of your case within 15 days from the service of the summons.
In default of filing of reply and your appearance on the day before mentioned, the appeal shall be heard and determined in your absence.
Give under my hand and the seal of the Tribunal, this… ………………. day of the month of ……………… of ………………….. Seal Registrar.
FORM No. 3
[See rule 29(6)]
In the Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur.
Summons to witness
Appeal No. …………………………… of 200 …………...
To
………………………………….. (Name, description
…………………………………... and Place).
Title ……………………………………………
Whereas your attention is required on behalf of the ……………………………………. In the above case, you are hereby required (personally) to appear before this Tribunal on the ……………………. day of ……………………… 19………. At AM/PM and to bring with you all document relevant to the case.
Give under my hand and seal of the Tribunal of this ………………………. day of the month of
………………………….. 19…………..
Seal Registrar.
FORM No. 4
[See rule 31]
Letter of Authorisation
Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur.
Appeal No. …………………………… Date ………………………….
Title …………...………………
Appellant …………………………………..
Respondent/s …………………………………...
I have appointed Shri ……………………………………….. as my representative/advocate
in the above appeal. I hereby authorise the said Shri ………………………………………… to appear on my behalf if and represent me in the proceedings before the Tribunal. He shall have all power to file appeal, reply, application, inspect record, obtain copies and to do all other acts necessary in connection with the proceedings.
Appellant / Respondent.
Signature of the Advocate / Representative.
SHEDULE A
(See rule 34)
Fees of supplying copies of documents
Fees shall be charged for copies according to the following scale :-
1 (a) For a foolscap sheet in double space or any portion there of Rs. 1/- per sheet.
(b) For urgent copies double fee shall be charged.
(c) For map or other tabular work the fee shall be fixed by the officer granting copy with reference to the quality, difficulty and in-tricacy of the work to be done.
(d) In case in which the applicant desires to take more than one copy of a document and typed copies are given each copy after the first shall be supplied at half the rate prescribed above.
2 In case the applicant is unable to give exact particulars of the file and the same is to be traced additional charges shall be made as below:-
(a) Index for a year - fifty paisa; and
(b) Specified document at fifty paisa each.
3 Application for urgent copies shall receive preference over other ordinary applications and shall ordinarily be supplied within 24 hours provided the record becomes available.
