Appeals

• Appeal lies against;- order of punishment

- order of suspension/put off duty

- order denying the benefits under service conditions

Petitions

• Petition lies against:- appellate order

- adverse entry in APAR

- orders under rule 5 CCS(TS)Rules

-Orders under FR 17a, 56 j.-Rule 6 GDS (C & E)Rules

Appeals/Petitions

• Time limit;

Appeals/Petitions…

• To be forwarded with:- Para-wise comments- Connected files viz,IA’s files, SB ect - CR dossier- Case file serially numbered

No appeal/petition can be with held

Revision

• Is a stage after appeal

• Power of revision may be exercised by the revising authority suo motu or on application

• Authority decided appeal cannot revise his own order

Revision…

• Authority higher than appellate authority can do

• Powers cannot be exercised until the appeal is finally disposed

• In case where no appeal is preferred, power for revision can be exercised after the expiry of time-limit for submission of appeal

Revision… (Competent authority)- The President- C & AG in case of Govt. servant serving in Indian Audit and Accounts Dept.- Member(personnel), Postal Services Board- Appellate authority, within six months of the date of the order proposed to be revised - Any other authority specified in this behalf by the president by a general or special order

Revision…(Period of limitation)

• Except the appellate authority, no time limit for other authorities

-Appellate authority can work as revising authority if no appeal was submitted -Can exercise the powers within six months

Revision…(Period of limitation)

• Though no time limit is prescribed, powers of revision must be exercised within a reasonable time

• Reasonable time determined by facts of the case and nature of the order

Orders in Revision

• Personal hearing essential• To enhance penalty show cause notice specifying the

penalty proposed• Order must be a speaking order• Order must be signed by revising authority• Orders issued in the name of the President to be

authenticated properly

Orders in Revision

• Confirm, modify or set aside the order • Confirm, reduce, enhance or set aside the

penalty• Impose penalty where it is not imposed• Remit case to the authority with directions to

make inquiry

Review

• President can do it any time• Reviewing his own order • Only when new material or evidence brought

to his notice• To enhance penalty, opportunity to be given

to official to represent

Review…

To award major penalty, when minor penalty is awarded, inquiry to be conducted

Central Administrative Tribunal

(CAT) - Case

Central Administrative Tribunal

• Administrative Tribunal Act, 1985 came into effect from July 1985

• Object – to easing the congestion of pending cases related to service matters in various High Courts and other Courts in the country.

• There are 17 Tribunal Benches (HQ of High Court) and 33 Division Benches

• In addition, circuit sittings will be held

Central Administrative Tribunal

• Jurisdictions– For adjudication of disputes with respect

to recruitment and conditions of service of persons appointed to public services and posts

– All Central Government Employees and Employees of 45 other organizations notified by the central Govt.

• Each Bench is headed by Chairman (sitting or retired Judge of High Court) and is assisted by Vice-chairman and Members

• Tribunal follows the principles of natural justice in deciding cases and deals with only service matters

Central Administrative Tribunal

Cause of action arises:

• When all the channels are exhausted

• If no reply received for appeal–Six months after appeal.

Time limit

• One year from the date of cause of action

• Continuous cause of action in cases like –non settlement of pension–nonpayment of pay

Defending CAT case: • Get full facts of the case• Application for vacation of

interim order may be made • Prepare reply 

–objection relating to delay should be raised first

–objections relating to jurisdiction.

Defending CAT case…

• Reply should be verified and signed by the authorized officer.

• All relevant documents relied upon should be annexed to reply

• Relevant file/documents to be sent to CO/RO for defending the case

Final Order on CAT case…

• Obtain copy of final order• Get legal opinion for

review/writ/SLP• Take steps to

– File writ/SLP or Implement the order

Exercise 2.5Case study