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Appeal/Petition

Appeal/Petition. Revision/Review. 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

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Appeal/Petition

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  1. Appeal/Petition Revision/Review

  2. Appeals • Appeal lies against; - order of punishment - order of suspension/put off duty - order denying the benefits under service conditions

  3. 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

  4. Appeals/Petitions • Time limit; 45 days

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. Exercise 2.4 Case study

  14. 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

  15. Review… To award major penalty, when minor penalty is awarded, inquiry to be conducted

  16. Central Administrative Tribunal (CAT) - Case

  17. 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

  18. 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.

  19. Central Administrative Tribunal • 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

  20. Cause of action arises: • When all the channels are exhausted • If no reply received for appeal • Six months after appeal.

  21. 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

  22. 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.

  23. 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

  24. 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

  25. Exercise 2.5 Case study

  26. Thank you

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