(a) The Court Officer shall immediately on pronouncement, transmit the order with the case file to the Deputy Registrar (Judicial).
(b) On receipt of the order from the Court Officer, the Deputy Registrar shall, after due scrutiny, satisfy himself that the provisions of these Rules have been duly complied with and in token thereof affix his initials with date on the outer cover of the order. The Deputy Registrar shall thereafter cause to transmit the case file and the order to the Judicial Branch for taking expeditious steps to prepare copies and their communication to the parties.
(a) The format of order of the Tribunal shall be in Form No.19.
(b) All orders shall be neatly and fairly typewritten in double space on one side only on durable foolscap folio paper of metric A-4 size (30.5 cms. long and 21.5 cms. wide) with left side margin of 5 cms. and right side margin of 2.5 cms. Corrections, if any, in the order shall be carried out neatly. Sufficient space may be left both at the bottom and at the top of each page of the order to make its appearance elegant.
(c) Members constituting the Bench shall affix their signatures in the order of their seniority from right to left.
(a) Unless otherwise quantified by the Tribunal, when costs are awarded in a case, the same shall be determined as follows:
| (i) | For applicant(s): | |
| Legal Practitioners fee | Rs.1500 | |
| Expenses | Rs. 500 | |
| (ii) | For Respondent(s): | |
| Legal Practitioners fee | Rs.1500 | |
| Expenses | Rs. 500 |
(a) Whenever the Bench passes an order, final or interlocutory, requiring immediate compliance, the Court Officer shall immediately transmit the case file and the Order to the Deputy Registrar (Judicial) who shall ensure prompt action on the same day.
(b) Files with by hand orders should be stapled with "Today" flags and superscribed with OA/TA/RA/CP/MA/PT No. with the signature of the Court Officer with date.
When more than one case is disposed of by a common order, the Judicial Branch shall keep the original order in the main case and a certified copy in the other connected case files. In the order sheet of the connected case(s), the Section Officer in-charge of the Judicial Branch shall note that the original order is kept in the main case file (giving its number).
After communication of the order to the parties/Legal Practitioners, the official concerned shall arrange the records with pagination and prepare the Index Sheet in Form No. 21. He shall affix initials and then transmit the records with the Index initials to the records room.
Transmission of Files/Records of the cases/orders shall be made only after obtaining acknowledgement in the Movement Register maintained at different sections as per the directions of the Registrar.
(a) The Section Officer of the Judicial Branch shall send copies of every final order to the Library.
(b) Copies of all orders received in each month shall be kept at the Library in a separate folder, arranged in the order of date of pronouncement, duly indexed and stitched.
(c) At the end of every year, a consolidated index shall also be prepared and kept in a separate file in the Library.
(d) The order folders and the indices may be made available for reference in the Library to the Legal Practitioners.
(a) Every application for grant of certified copy shall be in Form No. 22 and be affixed with Court Fee Rs.5 (Rupees five only) 1[per copy of order/document] 2[x x x x]
(b) If the certified copies applied for are for more that one document in the same case, only one copy application need be filed.
A party to an application or his Legal Practitioner shall be entitled to obtain certified copy of the record, proceeding or original document filed in case on payment of prescribed fee.
(a) Applications for copies of documents (other than orders) by persons not parties to the proceedings shall be allowed only by order of the Registrar obtained on a duly verified petition in Form No. III of the Procedure Rules, setting forth the purpose for which the copy is required on payment of prescribed fee.
(b) Copies of orders can, however, be granted to any person on payment of prescribed fees.
(a) A Register of Copy Application shall be maintained in Register Form No.10 and a Requisition Register in Register Form No.11 in the Copying Branch.
(b) Entries in respect of urgent copy applications shall be underlined in red ink/pencil.
The copying fee payable for obtaining an ordinary copy shall be at the rate of Re.1 per page and for urgent copy at the rate or Rs. 2 per page irrespective of the number of words/lines in each page.
(a) If the application is in order, necessary entries shall be made in the Register of Copy Applications and the Requisition Register and the same sent to the officer-in-charge of records. The officer in-charge of the records shall promptly transmit the records along with the application after making an entry in the application and initialling the same.
(b) If the application is found to be defective, the same shall be notified on the Notice Board of the Registry. If the defects are not rectified within three days from the date of such notification, the copy application shall be struck off. The application shall be deemed to have been made only on the date of rectification of all defects.
1[(c) Officer in charge of the copying section shall determine the requisite amount of copying fee and publish the dates due for furnishing stamp for the amount in the Notice Board of the Registry. The stamp furnished shall accompany a memo signed by party/applicant/counsel containing number of stamps denomination and total value. In case stamp is not furnished in the manner indicated also within the time stipulated the copy application shall be struck off by the Registry]
On receipt of the records, the officer-in-charge of copying section after satisfying that the records are complete, shall determine the additional copying fee payable over and above the copying fee already paid and make an entry thereof in the application with his initials. Additional fee payable shall be notified on the Notice Board of the Registry.
Additional copying fee shall be remitted by the applicant between 10.30 a.m. and 4.30 p.m. in the same manner as prescribed by Rule 117 at the place of the Bench within two days, in the case of urgent copy, and within seven days in the case of ordinary copy, from the date of notice. If the additional fee payable is not remitted within the time notified, the application shall be struck off.
Certified copies shall be prepared in the order in which the applications have become ready in all respects. Urgent applications shall take precedence over all ordinary applications.
Urgent copy shall be delivered to the applicant as far as possible within three days and ordinary copy within ten days from the date when the application is ready in all respects.
On each working day before 10.30 a.m. the officer-in-charge of the Copying Branch shall cause to prepare in duplicate in Form No. 23, a list of cases in which certified copies are ready for delivery and publish one coy of the same on the notice board of the Registry with his signature, and the other copy shall be retained in the office file.
The Officer-in-charge shall ensure that the copying fee received in the Registry is promptly accounted in the IPO/DD /Court fee Register and transmitted to the Cash Section as the case may be, for crediting them to the Government account.
(a) Certified copy shall be made by photocopying process or by typing. When the copy is so made, it shall be compared by the officer-in-charge of preparing the copy with the document of which the copy is made, aided by another official in the Copying Branch. He shall, after satisfying himself that the copy is prepared faithfully and it legibly reproduces the documents desired, append a certificate as under and affix his initials.
"Certified that this is a true and accurate copy of the document/order as in the case file (OA/RA/TA/CP/MA/PT No. ......200... .... ..) and that all the matters appearing therein have been legibly and faithfully copied with no modifications".
(b) He shall affix an endorsement on the last page of the copy as under and put his initials:-
(i) Serial No. of the copy application:
(ii) Name of the applicant.
(iii) Date of presentation of application:
(iv) No. of pages:
(v) Copying fee charged/urgent or ordinary:
(vi) Date of preparation of copy:
(vii) Date on which copy is ready:
(viii) Date for appearance to receive copy:
(ix) Date of delivery:
(c) The certificate and the endorsement shall be made with the help of a rubber stamp got prepared for that purpose. The entries, however, shall be made in ink.
(d) The officer authorized to issue the copy shall affix his signature below the endorsement and cause to affix the seal of the Tribunal on all pages of the copy and also initial wherever there are corrections.
On completion of the preparation of the certified copy, the officer in charge of the copying section shall retransmit the records of the case to concerned branch, after making necessary entries in the Requisition Register and obtain acknowledgement of the official, who receives back the records, in the relevant column of the Register.
At the time of the delivery of the certified copy, the official concerned shall obtain the signature of the applicant in the relevant column in the Register of Copy Applications, record the date of such delivery on the copy application and fill up relevant column regarding the date of delivery in the endorsement stamped on the certified copy.
(a) Where the applicant desires to have the certified copy sent to him by post, he shall send an additional sum of Rs.10 by way of IPO/DD drawn in favour of the Registrar and payable at the place of the Bench for defraying the postal charges, etc.
(b) If the amount sent is found to be inadequate, the applicant shall be intimated to remit the balance amount which will include the additional postal charges also within the time specified. On receipt of the intimation, the applicant shall remit the amount in the manner provided in sub-rule (a) above and within the time specified.
If, for any reason, the copy application is rejected, due intimation be given to the applicant and the refundable amount, if any, returned to him. Publication of the notice of rejection in the Notice Board of the Tribunal shall be deemed due intimation for the purpose of this rule.
Once free copy of the order is sent as provided in Rule 20 of the Procedure Rules, the Tribunal shall not be required to furnish any more free copies.
Every free copy issued to a party or his Legal Practitioner in accordance with the Procedure Rules shall be certified to be "True Copy" and shall be superscribed "FREE COPY U/R 20 OF KAT (PROCEDURE) RULES" with a rubber stamp and signed by the officer authorized in that behalf. He shall also cause to enter the date and other details of furnishing of such free copy in the Register of Free Copies in Register Form No.12.
(a) Judicial Branch of the Registry shall issue free copies of the order to the parties or their Legal Practitioners as provided under Rule 20 of the Procedure Rules as far as possible within seven days from the date of pronouncement of the order.
(b) If the free copy of the order is delivered by hand to parties/their Legal Practitioner, the officer-in-charge shall obtain acknowledgement thereof in the relevant column in the Register of free copies.
When joint application/petition is made, only one free copy of the order contemplated by Rule 20 of the Procedure Rule shall be issued, either to their Legal Practitioners or if they are appearing in person, to any one of the applicants.
Whenever clerical or typographical errors/mistakes in an order are rectified subsequent to the issue of the free copy thereof, the Registrar shall cause to issue a corrected free copy of such order to the parties/their Legal Practitioners in the prescribed manner.
(a) A register in Form No. 13 shall be maintained regarding Writ Petitions against the orders of the Tribunal to High Court and SLPs to Supreme Court against orders of High Court and necessary entries therein be promptly made by the Judicial Branch.
(b) The Register shall be placed for scrutiny of the Chairman/Senior Member in the first week of every month.
Whenever an interim or final order passed by High Court or Supreme Court in a proceeding preferred against a decision of the Tribunal is received, the same shall forthwith be placed before the Chairman/Senior Member for information and kept in the relevant case file. Immediate attention of the Registrar shall be drawn to the directions requiring compliance.
All orders of the High Court/Supreme Court including dismissal of writ petitions/SLPs shall be circulated to the Members of the Bench whose decision was challenged and kept in the relevant case file.
It shall be the duty of the Registrar to take expedient steps to comply with the directions of High Court and Supreme Court.
Retention, preservation and destruction of records shall be done in accordance with the instructions issued by the Chairman.
The Record Keeper shall be the custodian and responsible for the records lodged in the Record Room. He shall receive the records sent to the record room and scrutinize the records within three days of the date of receipt of records in the Record Room.
If, on such scrutiny, any defect or missing of documents is found in the records, the Record-Keeper shall intimate the same and remit the records back to the Branch/Section from which the records were received.
Thereupon, the Section Officer in-charge of the concerned Branch/Section shall cause to take steps to rectify the defects/omissions so pointed out, and after such rectification re-transmit the records to the record room within three days of its receipt from the record room.
The Record-Keeper shall maintain a Register in Register Form No.14 of records received in the Record Room.
Entry regarding destruction shall be made in the relevant columns of Register Form No. 14.
Records required to be preserved permanently shall be stacked in bundles of convenient size, arranging them in chronological order. The bundle shall be wrapped in "Kora Cloth" on which shall be attached labels indicating in chronological order register numbers of the cases included in each bundle. Such bundles shall be arranged serially and kept in the Record Room.
The Registrar may, for reasons to be recorded, in writing and with prior permission of the Chairman order that record of any particular case be preserved beyond the prescribed period provided instructions governing the same.
(a) The Chairman may issue such orders or directions as may be necessary for complying with the provisions for the relevant Rules of Practice with the aid of the computer and for effective use of the computer facility as and when introduced.
(b) Compliance with such orders or directions issued by the Chairman from time to time shall be deemed to be due compliance of the provisions of the relevant Rules of Practice.
(a) The Scrutiny Branch of the Registry shall, at the time of scrutiny make classification of the cases as follows:
(i) Departmentwise;
(ii) Subjectwise; and
(iii) Cases which can be heard by a single Member Bench.
(b) The classification under sub-rule (a)(i) and (ii) shall be made in accordance with Orders of Chairman issued from time to time and that under sub-rule (a)(iii) shall be made in accordance with Appendix-I.
(c) The classification as above shall be entered in the relevant columns in the report of scrutiny in Form No. 2/Form No. 3, Order Sheet in Form No. 4 and Facing Sheet of the final cover in Form No. 5, referred to in Rules 11 to 13 of these Rules.
(a) The Registrar of each Bench shall prepare a weekly progress report in Form No. 24 and circulate among all the Members of the Bench concerned.
(b) The Senior Member of the Bench concerned shall forward a consolidated monthly progress report in Form No. 24 to the Chairman before the 7th of the each month.
(c) The Registrar of the concerned Bench shall prepare a monthly statement in two parts as in Form No.25 regarding filing, disposal and pendency of cases and forward the same to the Registrar of the Principal Bench before the 7th of each month.
(a) The Registrar or the Deputy Registrar designated by him shall conduct inspection of all the Sections twice in a year, viz., for the period from 1st January to 30th June and 1st July to 31st December, on such dates as may be found convenient.
(b) The report of inspection of the Judicial Branch, Library, Administrative Branch and Record Room shall be in the Forms to be prescribed by the Chairman.
(c) The Section Officer concerned shall promptly comply with the directions of the Registrar and submit a report about due compliance to the Registrar within such time as the Registrar may grant.
(d) The Registrar shall submit a report to the Chairman/Senior Member containing brief summary of his inspection of the Registry, directions given by him to the sections and the steps taken for due compliance with such directions.
The Registrar or any officer authorized by him may, for the purpose of satisfying himself that the provisions of the Act, the Rules of Procedure and the Rules of Practice are duly complied with, make such enquiry as he deems fit and call upon such party, as he deems necessary to appear before him and pass such orders as he deem proper.
If in the matter of implementation of these rules, any doubt or difficulty arises, the same shall be placed before the Chairman and his decision thereon shall be final.
Kerala Administrative Tribunal Rules of Practice, 2011 notified on 20/08/2011 as number 106/2011/KAT are hereby repealed.
FORM NO. 1 [See Rule 4(a)] FORM OF INDEX IN THE KERALA ADMINISTRATIVE TRIBUNAL................................BENCH | ||
| OA/RA./CP(Civil)/(Criminal)/MA/TP 20…....... | ||
| A……………………………………………………… | Applicant/Petitioner | |
| B……………………………………………………... | ||
| By Legal Practitioner Mr./Ms............................. | ||
| A……………………………………………………… | Respondents | |
| B……………………………………………………... | ||
| By Legal Practitioner/Government Pleader. | ||
| INDEX | ||
| Sl. No. | Brief description of proceedings/documents | Page No. No.
|
| From | To | |
| Signature of the applicant Legal Practitioner | ||
FOR USE BY THE REGISTRY Date of presentation/Filing Signature |
FORM NO. 2 [See Rule 11(b)] KERALA ADMINISTRATIVE TRIBUNAL................................BENCH | |
Diary No.......... | |
| Report on the scrutiny of Application | |
| Presented by : ………………….... | Date of Presentation ………………… |
| Applicant(s) : ………………….... | |
| Respondent(s) : ………………….... | |
| Nature of grievance : ………………….... | |
| No. of applicants : …………………..... | No. of Respondents…………………. |
| *If S.B. | |
| CLASSIFICATION | |
| Subject…………………..(No……) | Department:…………(No….) |
1. Is the application in the proper form Section Officer |
FORM NO. 3 Diary No………....................20…................… |
REPORT OF THE SCRUTINY OF CONTEMPT OF COURT PETITION 1. Whether the name (including as far as possible, the name of father/mother/husband), age, occupation and address of the Petitioner(s) and the respondent(s) are given |
FOR ATTENTION Orders on the administrative side have to be obtained from the Chairman or Member designated in case of action for criminal contempt, as required by Rule 7(ii) before placing for preliminary hearing. * Contempt committed in the presence or hearing of the Member(s). |
FORM NO . 4 [See Rule 12] IN THE KERALA ADMINISTRATIVE TRIBUNAL................................BENCH | |
ORDER SHEET Application No………….of 20…….........….. | |
| Applicant(s) | Respondent(s) |
| Advocate for Applicant(s) | Advocate for Respondent(s) |
| Notes of the Registry | Orders of the Tribunal |
FORM NO. 5 FILE A/B/C KERALA ADMINISTRATIVE TRIBUNAL…….........…..BENCH (SB/DB) | |
| Transferred/Original Application No.................. | of 20…......... |
| Review Application No.................................... | |
| Petition for transfer No.…………….............….. | |
| CP (Civil/Criminal) No………………...........…… | |
| …………………………………………….……….. | Applicant(s) |
| …………………………………………………….. | |
| By Advocate Shri.......……………………..……. | |
Versus | |
| …………………………………………………….. | Respondent(s) |
| …………………………………………………….. | |
| By Advocate Shri......…………………………... | |
| …………………………………………………….. | |
| Memo of Hearings | Subject: |
| ................................................................... | Department: |
| ................................................................... | Nature of Grievance: |
| ................................................................... | Date of impugned Order: |
| ................................................................... | Presentation |
| Date of ........................................................ | |
| ................................................................... | Representation |
| ................................................................... | Date of Registration: |
| ................................................................... | Date of Admission: |
| ................................................................... | Date and nature of final disposal : |
| R.A. if any filed & number thereof: Nature of disposal of RA : CP if any filed & number thereof: Result of CP : WP/SLP, if any, filed and Number thereof: Result of WP/SLP filed : Date of consignment of Record Room : |
FORM NO. 6 [See Rule 17] KERALA ADMINISTRATIVE TRIBUNAL................................BENCH | |||||
Notification The papers filed in the following cases have been found on Scrutiny to be defective. Hence, it is hereby notified that the Applicant(s) / Respondent(s) or his/their Legal Practitioner is/are required to rectify the defects in the Registry itself if they are formal in nature or to take back the papers for rectification of the defects and representation if they are not formal in nature, within the time shown against each case. | |||||
| Sl. No. | Diary No. Appl. No. | Papers in which defects are noticed | By whom defects are to be rectified | Whether the defects are formal in nature or not | Time granted for rectification/ representation |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 1. 2. 3. | |||||
Dated this ………….................…day of .........…………………20…………............ Registrar |
FORM NO. 7 [See Rule 25] IN THE KERALA ADMINISTRATIVE TRIBUNAL ................................BENCH | ||
at ………..................................……….. No…….............….. of 20…….........……. | ||
| Between ………………………………………………………….....................................................Applicant And .........................................................................................................................Respondents By Advocate Shri ……………………………............................................................................... | ||
PROCESS MEMO Please issue notice/process to the following parties and a sum of Rs……….is paid herewith by way of Court Fee Stamp/IPO/DD No……..................of …….................. | ||
Rank of the Party in the Proceeding | Name of the Party | Address service |
(1) | (2) | (3) |
Place : Counsel for the Petitioner/Applicant Date : Central Government Standing |
FORM NO. 8 [See Rule 29] KERALA ADMINISTRATIVE TRIBUNAL................................BENCH At …………....................................…….. | |
| Applicant(s) | Respondent(s) |
Vs. | |
| Represented by Advocate Shri ………………………… | Represented by Advocate Shri ………………………… |
To Notice is hereby given to you to appear in this Bench of the Tribunal in person or through a Legal Practitioner/Presenting Officer in this matter at 10.15 a.m. of the ……day of …….20…..... to show cause, why the application should not be admitted. If you fail to appear, the application will be heard and decided in your absence. Given under my hand and the seal of this Tribunal, this the...................................day of ..........................20..................... By order of the Tribunal |
FORM NO. 9 [See Rule 29] KERALA ADMINISTRATIVE TRIBUNAL................................BENCH at …………..............................................…….. Original Application No……………………../20……. | |
| Applicant(s) | Respondent(s) |
Vs. | |
| (By Advocate Shri …………………………) | (By Advocate/Govt. Standing Council/ Government Pleader Shri................................................) |
To (By order of the Tribunal) |
FORM NO. 10 [See Rule 57(a)] Pending /Disposed of KERALA ADMINISTRATIVE TRIBUNAL ................................BENCH OA/RA/CP…………..........No..............……..of ………............20…..… ………………....………………………………………………..Applicant(s) Vs. ……….……………………………………........……………Respondent(s) |
APPLICATION FOR INSPECTION OF DOCUMENTS/RECORDS Place: Applicant. |
Office Use: Granted inspection for ……….............……hours on …….........…….rejected Registrar |
FORM NO. 11 [See Rule 62] KERALA ADMINISTRATIVE TRIBUNAL................................BENCH OA/RA/CP/PT/MA…………...................…..of ………......…20......…… …………………………………………………………………………..Applicant(s) Vs. ……….………………………………………………….……………Respondent(s) |
MEMO OF APPEARANCE I, ……………………..having been authorised……………..(here furnish the particulars of authority) by the State Government/Government Servant/….. authority/Corporation/ Society notified under Section 14 of the Administrative Tribunals Act, 1985, hereby appear for Applicant No……/Respondent No….. and undertake to plead and act for them in all matters in the aforesaid case. Place: (Signature and Designation of the Counsel) |
FORM NO. 12 [See Rule 67] Form of vakalat nama KERALA ADMINISTRATIVE TRIBUNAL................................BENCH OA/RA/CP/PT……….…../No.................................of …………20…….. …………………………………………………………………………..Applicant(s) Vs. ……….………………………………………………….……………Respondent(s) | |
I, ……………………, Applicant No……………../Respondent No………… in the above application/petition do hereby appoint and retain Shri……………………………………. Advocate/s to appear, plead and act for me/us in the above application/petition and to conduct and prosecute all proceedings that may be taken in respect thereof including Contempt of Court Petitions and Review Applications arising there from and applications for return of documents, enter into compromise and to draw any moneys payable to me/us in the said proceeding. Place: Date : | |
| Executed in my presence. | Signature of the Party. |
| “Accepted” | |
| *Signature with date (Name and Designation) | Signature with date (Name of the Advocate) |
| Name and address of the Advocate for Service | |
* The following certification to be given when the party is unacquainted with the language of the vakalath or is blind or illiterate:-- Signature with date |
FORM NO. 13 Non-Transferable | |
| Identity Card Reg. No………………................. | |
| Shri…………….... Aged……………................. | Passport size photo to be affixed |
| S/o Shri ……………………….....……(Address) | |
| has been registered as a Clerk of | |
| Shri………………………......………………...... | |
| ………………………………….........…………… | |
(Address) Specimen Signature of the Advocate. Deputy Registrar (Judicial) |
FORM NO. 14 [See Rule 81(a)] KERALA ADMINISTRATIVE TRIBUNAL................................BENCH OA/RA/TA/PT/CP (Civil/CP(Criminal)/No……….…..of …………...........20…..… …………………………………………………………………………..Applicant/s Vs. ……….………………………………………………….……………Respondent/s | |
AFFIDAVIT I, ……………………………..aged…………years, son/daughter/wife of (name and occupation of the deponent) ………….........……residing at………………......................................………. do hereby swear in the name of God/solemnly affirms and state as follows: Para 1 Contents of paragraphs Nos……....……are within my personal knowledge and contents of paragraph Nos....…….are based on information received by me which I believe the same to be true (state the source of information wherever possible and the grounds for belief, if any)
| |
…....………………………………… ………………………………………. | |
| Place: Date : | Signature of the Deponent Name in Block letters |
No. of corrections on page Nos. Signature * To add endorsement in Form No.15 when necessary. |
FORM NO. 15 Certification when deponent is unacquainted with the language of the affidavit or is blind or illiterate Signature |
FORM NO. 16 Between | |
| ………………………………………………........ | ...........................…..Applicant/s |
| (By Advocate Shri ………………....................) And | |
| ………………………………………………........ | ........................…..Respondents |
| (By Advocate Shri ………………....................) | |
To (Enter description of documents requisitioned) By Order of Tribunal, Date:……………… Registrar. |
FORM NO. 17 [See Rule 96] KERALA ADMINISTRATIVE TRIBUNAL ................................BENCH TA/OA/RA/CP (Civil/Criminal)/PT/MA No…................. of 20………......…. |
Deposition of PW/RW 1. Name : Solemnly affirmed on.................20......... |
FORM NO. 18 Certified that………………….appeared before this Tribunal as a witness/in/OA/RA/TA/PT/ CP (Civil)/Criminal)/MA/No………. of 20…......…, on behalf of the applicant/petitioner/respondent/ as Court witness on this the …….day of 20….......and that he was relieved at ….....…….on ……………. He was paid/not paid any T.A. and D.A./Batta of Rs………… Date:…………… Signature of Registrar. Seal of the Tribunal |
FORM NO. 19 1. | |
| (Here enter name and full address of Applicant/s) By Advocate Shri………………………………......... | Applicant/s |
Vs. | |
| 1. 2. 3. ………………………………………………......…… ……………………………………………......……… | |
| (Here enter name and full address of respondent(s) | Respondent/s |
| By Advocate Shri…………………………………...... Government Standing Counsel/Government Pleader ORDER *………………………………….............................. Para 1. Para 2. Para 3. ………………………………………………......…… ……………………………………………......……… | |
| Signature | Signature |
| Name | Name |
| Senior Member/Member * *………………………………… | Chairman/Senior Member/Member |
| * Here enter name of the Chairman/Senior Member/Member dictating or writing the order. ** Here put the initials of the Stenographer who types the Order. |
FORM NO. 20 OA/RA/TA/CP/MA No…....................... of 20…..................………. Costs awarded to Applicant No………………./Respondent No……….. and payable by Applicant No………………/Respondent No:
Signature Note.-- No bill of costs need be prepared or annexed, if costs are not awarded. |
FORM NO. 21 | ||
INDEX SHEET | ||
Serial No. | Description of Documents | Page |
Certified that the file is complete in all respects. | ||
| ……………………………. | ……………………………. | |
| Signature of S.O. | Signature of Deal. Hand |
Form No. 22 [See Rule 117] kerala Administrative Tribunal ................................BENCH OA/RA/TA/PT/CP/Civil/Criminal/MA ……………........20…..................….. …………………………………………………………............................……………….. Applicant(s) Vs. ………………………………………………………………….........................……….. Respondent(s) |
APPLICATION FOR GRANT OF CERTIFIED COPY 1. Name & address of the applicant : Dated this the…………………… day of ………………….........20................ Signature of the applicant |
| FOR OFFICE USE Granted/Rejected Additional copying Fee payable/paid & details thereof: [Initials of the Officer-in-charge] |
|
|
| Form No. 25 | |||||||||||
| [See Rule 152(c)] | |||||||||||
| STATEMENT SHOWING THE POSITION REGARDING INSTITUTION, DISPOSAL AND PENDENCY OF CASES FOR THE MONTH OF............................. IN RESPECT OF ........... BENCH | |||||||||||
| No. of cases pending at the beginning of the month | Cases instituted/ received during the month | Total for disposal | Cases disposed of during the month | No. of cases pending at the end | Cumulative Figures that ofdisposal from1st January | ||||||
| A | B | C | D | E | F | ||||||
| Received by transfer | Freshly institute | Total (1+2) | Received by Transfer | Freshly institute | Total (4+5) | | | Out of cases received by transfer | Out of cases freshly instituted | Total (9+10) | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| OA | |||||||||||
| TA | |||||||||||
| CA | |||||||||||
| CPS | |||||||||||
| RA | |||||||||||
| Total | |||||||||||
| MA | |||||||||||
| G.Total |
| PART II | |||||||||||||||||||||||||
| YEAR-WISE BREAK-UP OF PENDING CASES | |||||||||||||||||||||||||
| | |||||||||||||||||||||||||
| Name of the Bench | |||||||||||||||||||||||||
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| Category of cases | |||||||||||||||||||||||||
| TA | DB | ||||||||||||||||||||||||
| SB | |||||||||||||||||||||||||
| OA | DB | ||||||||||||||||||||||||
| SB | |||||||||||||||||||||||||
| CP | DB | ||||||||||||||||||||||||
| SB | |||||||||||||||||||||||||
| CA | DB | ||||||||||||||||||||||||
| SB | |||||||||||||||||||||||||
| RA | DB | ||||||||||||||||||||||||
| SB | |||||||||||||||||||||||||
| MAs | DB | ||||||||||||||||||||||||
| SB | |||||||||||||||||||||||||
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| FORM OF REGISTER NO. 1 | |||||||
| [See Rule 10(b)] | |||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | |||||||
| INWARD REGISTER | |||||||
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| Dy. No. | Nature of the Application/Pleadings, etc. Received | Name of the party/ legal Practitioner Presenting | Application fee/ Additional process fee paid | Initial with date of thereceiving clerk | Date of transmission to Scrutiny Branch | Initial of the Receiving Clerk in the Scrutiny Branch | Remarks |
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| FORM OF REGISTER NO. 2 | ||
| [See Rule 15(h)] | ||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | ||
| Register of : | Original Applications | |
| Transferred Applications | ||
| Review Applications | For the year 20........................ | |
| Contempt Petitions | ||
| Petitions for Transfer | ||
| Miscellaneous Applications | ||
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| Sl. No. | Application No. | Date of filing and registration | Name and address of the applicant | Name and address of the respondents | Name of the Advocate for the respondents | Subject matter | Date of admission | Particularas of interim Orders in the application | Date and result of the final Order | Whether disposed of by SB/DB/FB | Information regarding W.P., If any, fled in the High Court/SLP etc. to Supreme Court and the result thereof | Date of transmission of records to Record Room | Remarks | |
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| FORM OF REGISTER NO. 3 | |||||||||
| [See Rule 16] | |||||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | |||||||||
| IPO/DD REGISTER | |||||||||
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| Sl. No. | Diary No./ Application No. | Name of the Party remitting IPO/DD | Purpose of remittance IPO/DD | No. and Date | Amount | Name of PO/Bank of issue | Initials with date of Clerk receiving the IPO/DD | Initials with date of Official receiving IPO/DD in Cash Section | Remarks |
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| FORM OF REGISTER NO. 4 | |
| [See Rule 21(a)] | |
| KERALA ADMINISTRATIVE TRIBUNAL..........................BENCH | |
| COURT DIARY | |
| Date : | Cour Hall No: |
| Day of week: |
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| Sl. | No. of Application | Work done | Date of which adjourned | Remarks |
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| 1 | 2 | 3 | 4 | 5 |
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| Note :- The following abbreviation shall be used in Column No. 3. |
| Adj | : | Adjourned | Dis. at Adm | : | Disposed of at admission stage | |
| Adm | : | Admitted notice ordered | Jr | : | Judgment Reserved | |
| PH | : | Part Heard | Dis/Alld. | : | Dismissed/Allowed | |
| PH/Adj | : | Part Heard/Adjourned | Pt. A | : | Partly allowed. | |
| FORM OF REGISTER NO. 5 | ||||||
| [See Rule 39] | ||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | ||||||
| LIST OF OAs/RAs/TAs/CPs.(Civil/Criminal)/PTs./MAs. ready for final hearing | ||||||
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| Sl. No. | No. of the case | Whether SB/DB | Date of inclusion in the ready list | Whether stands posted to any date | Date of removal from the ready list | Remarks |
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| FORM OF REGISTER NO. 6 | |||||||||
| [See Rule 46] | |||||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | |||||||||
| STAGE REGISTER | |||||||||
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| Sl. No. | Application Petition No. | Whether SB/DB | Date of Admission/ Issue of note | Date of next posting | Whether part heard or not | Whether connected with any other pending case | Date of final hearing | Date of disposal | Remarks |
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| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
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| Instructions:- | 1. | Application/Petition shall be entered as far as possible in the order of their Registration Number. |
| 2. | In respect of Transferred Applications the corresponding W.P. No Suit No .. should be written in brackets. | |
| 3. | Applications disposed of should be rounded off in red ink. | |
| 4. | Cases which are ready for hearing should be underlined in green ink. | |
| FORM OF REGISTER NO. 7 | |||||
| [See Rule 46] | |||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | |||||
| Date: | |||||
| POSTING REGISTER | |||||
| [Note :- Separate page should be taken for each date] | |||||
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| Sl. No. | Application No./ Petition No. | Whether Single Bench/ Division Bench | Whether Part-heard or not (if part-heard composition of the Bench) | Whether connected with any other pending case [If so give the number of the connected case(s)] | Remarks |
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| FORM OF REGISTER NO. 8 | |||||||
| [See Rule 60] | |||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | |||||||
| REGISTER OF INSPECTION | |||||||
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| No. of Application/ Petition in which inspection is sought | Name of the Parties in the Application/ Petition | Name & Address of the person seeking inspection | Date & time of commencement of inspection with the initials of the person inspecting | Date & time of the completion of Inspection with the initials of the person inspecting | Inspection Fee, if any, paid | Initials of the official who Supervises the inspection | Remarks |
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| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
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| FORM OF REGISTER NO. 9 | ||||||||||
| [See Rule 72] | ||||||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | ||||||||||
| REGISTER OF REGISTERED CLERKS OF LEGAL PRACTITIONERS | ||||||||||
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| Sl. No. | Name of the Clerk with full Address | Date & No. of Registration | Name & Address of Legal Practitioner under whom employed | Date of issue of identity Card | Particulars of IPO/ DD received | Signature of the Registered Clerks | Signature of the Legal Practitioner | Date of Cancellationof Registration | Initials of the Registering Cancelling Authority | Remarks |
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| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
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| FORM OF REGISTER NO. 10 | ||||||||
| [See Rule 120] | ||||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | ||||||||
| REGISTER OF COPY APPLICATION | ||||||||
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| Sl. No. | Date of Application | Amount Received and particulars of DD/ PO/Court fee issued | Name of the applicant | Amount and Date of payment of additional fee | Date of Preparation of copy | Date of delivery of copy | Signature of the person receiving | Remarks |
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| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
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| FORM OF REGISTER NO. 11 | |||||||
| [See Rule 120] | |||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | |||||||
| REQUISITION REGISTER | |||||||
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| Sl. No. | No. and date of Application | Particulars of the file to be requisitioned | Section to which requisition is sent | Date of requisition | Date of receipt of file in the copying sections | Date of receiving back the file with initials | Remarks |
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| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
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| FORM OF REGISTER NO. 12 | ||||||
| [See Rule 135] | ||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | ||||||
| DESPATCH REGISTER OF FREE COPIES OF ORDERS | ||||||
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| Sl. No. | Case No. | Name & address of the person to whom the free copy is sent | No. & date of the postal Receipt, if sent by Regd. Post/AD | Amount of postage | Signature of the Advocate/ Party taking Delivery with date | Remarks |
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| FORM OF REGISTER NO. 13 | |||||||||||
| [See Rule 141] | |||||||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | |||||||||||
| REGISTER OF WRIT PETITIONS TO HIGH COURT/APPEALS TO SUPREME COURT | |||||||||||
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| Sl. No. | No. of SLP/appeal before the Supreme Court | Number of the Case appealed against | Name of the Applicant/ Respondent | Date of Despatch of records to High Court/SC | Date of receipt of records from High Court/SC | W.P./SLP dismissed/ allowed with date | Interim Direction if any with date | Final Order in the W.P. appeal with date | Direction if any for compliance by the Tribunal | Steps taken for compliance | Remarks |
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| FORM OF REGISTER NO. 14 | |||||||||||||
| [See Rule 148] | |||||||||||||
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| Sl. No. | Case No. | Date of disposal of the case by the Tribunal | Name of the applicants & counsel | Name of the respondents & counsel | No. of W. P. if any, before the High Court and SLP to SC and date of disposal | Date of receipt of records in the record room | Date upto which to be retained | Date on which destroyed | No. & date of Notification of destruction | ||||
| Part I | Part II | Part III | Part I | Part II | Part III | ||||||||
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| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 |
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| FORM OF REGISTER NO. 15 | ||||||
| [See Rule 16] | ||||||
| KERALA ADMINISTRATIVE TRIBUNAL
..BENCH | ||||||
| COURT FEE REGISTER | ||||||
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| Sl. No. | Diary No./ Application No. | Name of Party/Legal Practitioner remitting Court fee | Nature of Petition/ Document | Value of Court fee | Initials with date of the clerk receiving court fee stamp | Remarks |
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These rules may be called "The Kerala Administrative Tribunal Rules of Practice, 2011".
These rules shall, on their publication in the Official Gazette, come into force at once.
In these rules, unless there is anything repugnant to the subject or context--
(i) "Address for service" shall mean the address furnished by a party or his authorized agent, or his Legal Practitioner at which service of summons, notices or other processes may be effected and includes mobile phone No. and E-mail ID.
(ii) "Application" means and includes Original Application ('OA'), Review Application ('RA'), Transferred Application (TA), Miscellaneous Application (MA) Contempt Petition (CP) and Petition for Transfer (PT);
(iii) "Act" shall mean the Administrative Tribunals Act, 1985 [Central Act 13 of 1985].
(iv) "Procedure Rules" shall mean the Kerala Administrative (Procedure) Rules, 2010, as amended from time to time.
(v) "Code" means the Code of Civil Procedure, 1908, as amended from time to time;
(vi) "Full Bench" means a Bench duly constituted consisting of three or more Members;
(vii) "Legal Practitioner" includes a standing counsel authorized to accept the service for any department or organization of the State Government or any authority, a Corporation, a body owned or controlled by the State Government;
(viii) "Pleadings" shall include original applications, reply statement, rejoinders and additional statements supplementing the original applications and the reply statements, as may be permitted by the Tribunal;
(ix) "Vacation Bench" means a Bench duly constituted for discharging the functions of the Tribunal during the vacation;
(x) Words not defined in these Rules shall have the same meaning as assigned in the Act and the Procedure Rules.
(a) All pleadings, affidavits, memoranda and such other papers filed in the Tribunal shall be fairly and legibly typewritten or printed in English on durable white foolscap folio paper of Metric A-4 size [30.5 cm long and 21.5 cm wide] on the one side only in double space with a left margin of 5 cm and right margin of 2.5 cm duly paginated, indexed and stitched together in the paper-book form. The index shall be in Form No. 1.
(b) All main petitions such as OA, RA, TA, PT, CP etc. shall be presented to court covered with white thick wrapping sheets of durable quality paper bearing perfected holes at the middle close to left margin and also tagged together with other papers. 1[The Applicant/s in OA shall furnish official address if any in the cause title and residential address either in the cause title or in the verification column. In the address column of parties, the correct pincode shall be stated]
(c) Applications shall be presented in triplicate sets in Paper Book Forms along with sufficient number of 1[copies in] empty file size envelop/envelopes describing full address of respondent/respondents conforming to the actual number of respondent/respondents. 2[The additional copies intended for service to the respondents are to be produced only after the Bench admitting applications to file or ordering notices. If copies corresponding to the number of respondents are not furnished within 5 days or such extended period since the date of admission/ordering of notices, the default will be immediately reported by the Registry to the Bench for appropriate action]
(d) Respondent(s) intending to contest the applications shall also file reply(ies) thereto and documents, if any, in triplicate and in Paper Book Form as provided for by Procedure Rule 11(1).
(e) English translation of documents shall be duly authenticated by any Legal Practitioner.
(f) Document or application filed before Tribunal shall be chargeable with same court fee as prescribed by Kerala Court Fees and Suits Valuation Act, 1959 unless the Act 13 of 1985 and Rules framed there under provide otherwise.
A party required to a affix his signature shall also state his name in capitals near his signature and initial or sign at the bottom of each page.
Explanation.-- The expression 'signature' or 'initial' includes thumb mark.
(a) The attestation contemplated in Rule 8(2) of the Procedure Rules shall be made at the end of the document in the Form given below:
| This Annexure is the true copy of the original document. | ||
| (Signature) Name and Designation of the Attestor with date. |
Where an application/pleading or other proceeding is purported to be filed is by an Association, the person or persons who sign(s)/verify(ies) the same shall produce along with such application etc., for verification by the Registry, a true copy of the resolution of the Association empowering such person(s) to do so:
Provided the Registrar may at any time call upon the party to produce such further materials as he deems fit for satisfying himself about due authorization.
When a document produced along with any pleading appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialled by the officer authorized to receive the same.
(a) All pleadings and papers shall be received in the Registry on the working days only till 3.00 p. m. provided they are presented or sent in the manner provided in Rule 4(1) of the Procedure Rules.
(b) All admission matters received before 1.00 p.m. in which urgent interim orders are sought, shall ordinarily be processed immediately for being listed before the Bench on the next working day and all other matters, wherein urgent motion for posting is made, shall be listed on the day, after the next working day.
(a) The Receiving Branch of the Registry shall immediately, on receipt of an application/petition or other pleadings or papers, affix the date-stamp of the Tribunal in the following manner--
(i) Date-stamp shall be affixed on all pages on the main/first copy and on the first page of each other copy.
(ii) Receiving Officer shall affix his initials on the stamp affixed on the first page of the main/first copy and on the first page of all other copies.
(b) Receiving Branch of the Registry shall, on affixing the date-stamp, enter the details thereof in the Inward Register, Register No.1 and assign a Diary Number. The same Diary Number shall be entered immediately below the date-stamp on the first page of the main/first copy and all other copies.
(a) (1) The Scrutiny Branch of the Registry shall, subject to clause (2), on receipt of the application/petition/pleadings from the Receiving Branch, scrutinize the same as expeditiously as possible but not beyond two days from the date of receipt:
Provided for any reason, the scrutiny is not completed within the above period, the same shall be immediately reported to the Registrar, who shall take prompt steps to complete the scrutiny.
(2) Matters provided for by Rule 9(b) shall be scrutinised on the same day itself and listed for hearing before the Bench, next working day or the day after next working day, as the case may be.
(b) The report of the scrutiny of the application under Section 19 of the Act shall be in Form No.2 and of Contempt Petition (CP) (Civil/Criminal) in Form No.3 and the scrutiny report shall be annexed to the application/petition.
(c) Report of scrutiny of all other pleadings and papers shall be recorded on the reverse side of the last page of such pleadings/papers.
The Scrutiny Branch shall attach to every OA/RA/TA/PT/CP an orders sheet in duplicate in Form No. 4. The column "Notes of the Registry" in the order sheet shall be for the notings by the Registry and the column "Orders of the Tribunal" is meant for the use of the Bench.
Note 1.-- The entries in the order sheet shall be in writing and removal of the order sheet for typing be avoided.
Note 2.-- Continuous page number should be given to the order sheet.
Note 3.-- Before any entry is made in the order sheet for the day, the date, month and year shall first be entered and underlined in the middle of the column.
Note 4.-- Brief order may be written on the order sheet itself and initialled by the Members of the Bench.
Note 5.-- In the case of lengthy order, only the operative portion of the order need be entered in the column "Orders of the Tribunal" and initialled by the Court Officer. The orders shall be annexed to the order sheet giving them continuous paging. Reference to the order shall be made by mentioning only page number of the order annexed.
Note 6.-- The presence of the Legal Practitioner/party be indicated by their initials.
Note 7.-- No gaps shall be left between two entries in the order sheet. Gaps, if any, shall be covered by drawing a line across.
(a) The papers received in the Registry in all applications and CPs except Miscellaneous Application, shall be classified and placed in files 'A', 'B' and 'C' as provided in Form No.5.
(b) "A" File shall consist two separate parts. Part-I shall contain the order sheet and orders annexed thereto. Part-II shall contain the application with annexures, reply with annexures and rejoinder with annexures and arranged as far as possible consecutively in the order of the parties.
(c) "B" File shall contain the duplicate copy of the papers as in "A" File.
(d) "C" File shall contain the remaining papers including Vakalathnama, notices and postal acknowledgments, Miscellaneous Applications, Replies and Rejoinders thereto and High Court/Supreme Court orders, etc., if any.
On completion of the scrutiny, the Scrutiny Branch shall place the case file duly classified as "A", "B" and "C" along with the report of scrutiny and the order sheet before the Registrar for his orders.
(a) The Registrar on examining the application/pleadings and the scrutiny report shall, if they are in order, direct registration/acceptance.
(b) Application under Section 19 of the Act ordered to be registered shall be numbered as OA No. ...........20.........
(c) Cases received on transfer under Section 29 of the Act shall be numbered as TA No. ............./20..............
(d) Application for review of any order of the Tribunal ordered to be registered shall be numbered as RA No. ................20............
(e) Petitions under the Contempt of Courts Act ordered to be registered, shall be numbered as CP (Civil/Criminal) No. ............/20..........
(f) Applications under Section 25 of the Act ordered to be registered shall be numbered as PT No. ............./20............
(g) Other applications of Miscellaneous nature not covered by sub-rules (b) to (f) above, ordered to be registered shall be numbered as MA No. .........../20..........
(h) Applications/Petitions referred to in this rule shall be entered in Register No.2. Separate registers shall be used for each category of applications/petition referred to in this rule. The Registers shall be maintained from 1st January to 31st December of each calendar year.
(a) IPOs/DDs received in the Registry shall be entered immediately on their receipt in the Judicial Branch in Register No. 3.
(b) On every first working day of the week, the IPOs/DDs received by the Judicial Branch during the previous week shall be transmitted along with the IPOs/DDs Register to the Section Officer in-charge of Judicial Branch, who, after scrutiny shall affix his initials in the relevant column in the Register and transmit the same to the Cash Section. The official in-charge of Cash Section shall, after verifying the entries in the Register alongwith the IPOs/DDs put his initials in the relevant column in the Register in token of acknowledgment.
(c) Court Fee stamp affixed shall be cancelled by punching out the insignia of the State in the stamp in such manner as to leave the amount designated in the stamp untouched. Registry will maintain a Register in Form No.15, noting the value collected by stamp and other related particulars.
(a) If on scrutiny, any application or pleading filed in the Tribunal is found to be defective, the Registrar shall notify it in Form No. 6 on the Notice Board of the Tribunal fixing the time for rectifying the same. 1[For the purpose of this clause, defect includes
(i) failure to attach to the main petition synopsis of facts in the OA
(ii) failure to indicate by annexure numbers in the Relief/Prayer column of main and miscellaneous petitions, the impugned orders of official respondents in respect of which relief is sought
(iii) failure to paginate the Annexures in serial order in continuation of Original Application without altering the original page numbers of Annexure
(iv) failure to attach affidavit along with miscellaneous application for any relief
(v) failure to attach additional paper sheets as part pf the order sheet and
(vi) failure to produce certified copy of impugned order accompanying review/contempt petition]
(b) The papers shall be returned to the party or his Legal Practitioner only after obtaining acknowledgment thereof in the Inward Register.
(c) The Registrar may, for good and sufficient reasons, extend the time for rectifying the defects, provided the total period for rectification including the extended period does not exceed thirty days.
(d) If the party or his Legal Practitioner contends that objection raised by the office is not tenable and the Registrar is not satisfied, the matter shall be placed before the Bench for appropriate orders.
(e) If the party/Legal Practitioner rectifies the defects and re-presents the application/pleading within the time granted, the Registrar on being satisfied may order for its registration/acceptance and numbering as provided in Rule 15.
(a) Subject to the orders of the Chairman/Senior Member of the concerned Bench, all registered applications/petitions requiring admission shall be posted for admission/orders before the appropriate Bench on the next working day. Other matters shall be posted the day after next working day. The notice of posting shall be given by publishing in the Daily cause List for the day.
(b) Before placing the records of the case for admission/order, the Registry shall state in brief in the column "Notes of the Registry" of the Order Sheet, the date of presentation and registration, the subject-matter of the application and the date of posting before the Bench and fill up the columns in the File Covers "A" and "B".
(c) The category of cases specified in Appendix-I to these Rules, as may be amended by the Chairman from time to time, may as far as possible be posted before the Single Member Bench and dealt with in accordance with the procedure prescribed therein.
(d) The constitution of Benches and distribution of work shall be as per the orders/directions given in Appendix-II to these Rules, as may be modified by the Chairman from time to time.
(a) Notwithstanding anything contained in Rule 18, the Chairman, and in his absence the senior-most Member of the Bench may order any case not included in the Daily cause List to be listed on urgent basis for admission/orders. Such directions shall be promptly carried out by the Registry after completing all the formalities. 1[Cases for today motion shall be filed before 12 noon without defects and only on the day preceding and succeeding holidays unless the motion is permitted by Bench on urgent basis. If defects are cured after 12 noon, the case will be listed only the next working day]
(b) When a Division Bench is not available, urgent cases for admission and interim orders may be posted before a Single Member Bench who shall deal with the same in accordance with the order of the Chairman as in Appendix-III as may be amended from time to time.
(a) Unless otherwise directed by the Members constituting the Bench, the Court Officer shall ensure that records of the cases listed for admission/orders before the Bench on the next working day are sent to the residence of the Members before the evening of the day on which the Cause List is published.
(b) The Court Officer shall ensure that the case records so sent to the residence of the Members are brought back to the concerned Court Hall before the commencement of the sitting of Tribunal. The Court Officer shall verify the case records listed for the day and arrange them in the serial order as given in the Cause List before the commencement of the sitting.
(c) The Court Officer of the Bench concerned shall ensure that the Court Hall is ready for commencement of the sitting at the prescribed time for such sitting.
(d) If, for any reason, the Bench cannot sit or the sitting is delayed, the Registrar shall promptly obtain the orders of the Chairman/Senior Member and notify the same on the Notice Board and in the Court Hall through the Court Officer.
(a) The Court Officer of the Bench concerned shall maintain legibly a Court Diary in Register No. 4, wherein he shall record the proceedings of the Tribunal for each sitting day with respect to the applications/petitions listed in the daily Cause List.
(b) The matters to be recorded in the Court Diary shall include details as to whether the case is adjourned, or part-heard or heard and disposed of or head and orders reserved, as the case may be.
(a) The parties/Legal Practitioners shall, before the commencement of the proceedings for the day, furnish to the Court Officer a list of law journals, reports, statutes and other citations, which may be needed for reference. Copy of the list shall be furnished to the opposite side also.
(b) If an unreported decision of any court is proposed to be cited, photo copies of the same shall be furnished to the Court Officer and counsel for the opposite side. This sub-rule shall apply when the journal cited is not subscribed by the Registry also.
Subject to the orders of the Bench, the Court Officer shall call the cases listed in the Cause List in the serial order.
(a) When the Tribunal is sitting, the Court Officer shall ensure--
(i) that no inconvenience or wastage of time is caused to the Bench in making available the services of Private Secretary/Personal Assistant/Stenographer/Peon;
(ii) that perfect silence is maintained in and around the Court Hall and no disturbance whatsoever is caused to the functioning of the Bench;
(iii) that proper care is taken to maintain dignity and decorum of the Tribunal.
(b) When the Bench passes order/directions, the Court Officer shall ensure that the records of the case along with proceedings/orders of the Bench are transmitted immediately to the Judicial Branch. The Judicial Branch shall verify the case records received from the Court Officer with reference to the Cause List and take immediate steps to communicate the directions/orders of the Bench.
(a) Unless otherwise ordered by the Tribunal, when notice is ordered, the applicant shall, in cases governed by Rule 10(6) of the Procedure Rules, pay the prescribed fee for service of notice accompanied by a memo in Form No.7 within seven days from the date of order or within such extended time as Registrar may permit. In default, no notice shall be issued to any of the respondents and the matter shall be placed immediately before the Bench for appropriate orders. Where service is ordered to be effected by the speed post, postal envelope with requisite amount of postal stamp shall be produced by applicant in lieu of the sum as determined by the Tribunal under Rule 10(6)(ii). 1[Interim orders pronounced by the Bench shall not be handed
over to the applicant/counsel when there is failure to take steps for issue of notice to respondents]
(b) Where the notice is returned to the Tribunal with an endorsement of the Postman regarding non-service owing to refusal of the same by the party concerned, the Registrar shall declare that the notice has been duly served on the respondent.
(c) Where the notice was properly addressed, pre-paid and duly sent by registered post, acknowledgment due, the declaration referred to in sub-rule (b) shall be made when, for any reason the acknowledgement is not received by the Tribunal within thirty days from the date of the issue of the notice.
If any notice is returned unserved in the circumstances not specified in sub-rules (b) and (c) of Rule 25, that fact and the reason therefore shall be notified immediately on the notice board of the Registry. The applicant/petitioner or his Legal Practitioner shall within seven days from the date of such notification take steps for service of fresh notice.
If the applicant/petitioner fails to take necessary steps in time for service of notice on the respondent(s) and consequently, the service remains incomplete, the Registrar shall post the case before the Bench for further directions.
A Legal Practitioner representing a party in any proceeding or any person authorized to accept notices on behalf of a party, shall receive notices, orders, directions, pleadings, etc., required to be served on such party in connection with such proceedings. Such service shall be deemed to be proper service on the party.
Notice to show cause regarding admission shall be in Form No. 8. Notice ordered after admission shall be in Form No.9.
The Judicial Branch of the Registry shall record in the column in the order sheet "Notes of the Registry", the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice, if unreserved, steps taken for issuing fresh notice and date of completion of service, etc.
When all or any of the respondent(s) fail(s) to file reply statement in the form and in the manner provided under Rule 11 of the Procedure Rules within the time granted, the case shall be deemed to be ready for hearing and included in the list of cases ready for final hearing.
(a) The applicant(s) intending to file rejoinder to the reply statement filed by all or any of the respondent(s) shall do so, with the leave of the Bench/Registrar within the time granted. The rejoinder shall be filed within the time granted, duly signed and verified in the manner prescribed for filing reply statement under Rule 11(2) of the Procedure Rules.
(b) After the expiry of the time granted for filing the rejoinder, the case shall be deemed to be ready for hearing and included in the list of cases ready for final hearing.
(a) Except with the leave of the Tribunal, the following shall not form part of the records of the case :-
(i) Reply statement filed after the expiry of the time granted for the purpose.
(ii) Rejoinder filed without the leave of the Tribunal or filed after the expiry of the time granted.
(iii) Additional pleadings filed without the leave of the Tribunal or filed after the expiry of the time granted.
(b) The above papers treated as not forming part of the record shall be notified on the Notice Board of the Registry requiring the party to take them back within four weeks from the date of the Notification, failing which the Registry shall take steps to destroy the same.
When the Tribunal allows a prayer for amendment of the pleadings or for addition of parties, the same shall be carried out in red ink indicating the date of the order and duly signed by the party/Legal Practitioner, who has obtained the order, within the time granted for the purpose by the order or if no time limit is specified within 14 days from the date of the order. If, however, the Bench or the Tribunal has directed furnishing of a fresh copy incorporating the amendments/addition of parties, the same shall be filed in triplicate and after serving a copy of the amended pleading on the opposite party within the time granted by the Tribunal or if not time is granted, within 14 days from the date of the order. In default, the Registry shall place the matter before the bench for orders. 1[In the case of addition/deletion of parties, it shall be the duty of Registry to carry out the addition/deletion of names and addresses of parties in the cause title]
Once an application/petition is admitted and notice ordered, the same shall be posted before the Registrar for completion of pleadings.
Cases required to be dealt with by the Registrar shall be notified in a separate List entitled as "Daily Cause List for Registrar's Court". The cases so notified shall be taken up in the Registrar's Court in the serial order as indicated in the Cause List.
On hearing the parties/their Legal Practitioners and on perusing the records, the Registrar may record his decisions in the column "Notes of the Registry" in the order sheet and put his initials with date.
If the pleadings are complete or if the case is deemed to be ready for hearing, the Registrar shall record the same in the order sheet and order for inclusion in the list of cases ready for final hearing.
The Judicial Branch of the Registry shall maintain separate Registers in Register Form No.5 for each category of cases which are ready for hearing. The registers shall contain separate sections for each year. Inclusion of cases in the Register shall be year wise and in the order in which they become ready for hearing.
(a) From the List of cases maintained under Rule 39, the Registry shall prepare a separate list called "Weekly List" consisting of such number of cases as may be sufficient in the opinion of the Registrar, for being posted for hearing for a period of one week.
(b) Subject to any general or special orders of the Chairman, cases in the Weekly List shall be arranged according to the year and number of registration and not on the basis of their serial number in the list under Rule 39. Oldest among the cases shall be included first followed by the next oldest and so on. This shall not affect the powers of the Bench to take up for hearing any case out of turn.
(a) The Judicial Branch of the Registry shall ordinarily publish in advance the Weekly List for next week on the Notice Board of the Registry on Friday of every week.
(b) In case there is likelihood of Weekly List being exhausted, the Registrar shall publish a supplementary Weekly List as and when found necessary.
(a) The Judicial Branch of the Registry shall ordinarily prepare and publish on the Notice Board of the Registry before 5.00 p.m. on each working day the Daily Cause List for the next working day. Subject to the directions of the Chairman/Senior Member of the Bench, listing of cases in the Daily Cause List shall be in the following order:
(i) Cases for "Pronouncement of Orders".
(ii) Cases "For being spoken to".
(iii) Cases for "Admission".
(iv) Cases for "Orders/Directions".
(v) Contempt Petitions.
(vi) Cases posted as per directions of the Tribunal.
(b) The title of the Daily/Weekly List shall consist of the name of the Bench, the day, date and time of the Court sitting, Court Hall number and the Coram indicating the names of the Chairman/Senior Member constituting the Bench with abbreviations in brackets (J) for Judicial and (A) for Administrative.
(c) Against the number of each case listed in the Weekly List and in the Daily Cause List, the following shall be shown:
(i) Names of Legal Practitioners appearing on both sides, giving in brackets the rank of the parties whom they represent.
(ii) Names of the parties, if unrepresented with their ranks in brackets.
(d) Objections of the office and special directions, if any, shall be briefly indicated in the Daily/Weekly Cause List below the case number.
(a) If, by reason of declaration of holiday or for any other reason, the Bench does not function for the day, the Daily Cause List for that day shall, unless otherwise directed, be treated as the Daily Cause List for the next working day in addition to the cases already posted for that day.
(b) When the sitting of a particular Bench is cancelled for the reason of absence of Member(s) of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted before the Bench to a convenient date. The adjournment/posting/directions shall be notified on the Notice Board.
(a) Two copies of Weekly Cause List and Daily Cause List shall be furnished to the Advocate's Association of Kerala Administrative Tribunal for publication on their Notice Board.
(b) Copies of the Cause List may be furnished to the Legal Practitioners on payment of fees at the rate specified below:-
I. Daily Cause List :
Per Bench -- Rs.500 per annum.
II. Weekly Cause List :
Per Bench -- Rs.400 per annum.
(c) Application for supply of Weekly/Daily Cause Lists shall be made in writing to the Registrar accompanied by one year's subscription by way of Demand Draft or Indian Postal Orders drawn in favour of the Registrar of the concerned Bench not less than a week before the date from which supply is to commence.
(d) The rates specified above shall be subject to such modifications as may be made by the Chairman from time to time.
Unless the Bench otherwise permits, requests for adjournments of the cases listed in the Cause Lists shall be entertained only at the time when the cases are taken up by the Bench for hearing.
(a) The Judicial Branch of the Registry shall maintain a Stage Register in Form Register No.6 for each category of applications/petitions from the stage of first posting till disposal.
(b) Posting Register shall be maintained in Form Register No.7.
(c) All orders regarding clubbing of cases shall be entered in the order sheets of all the cases required to be clubbed together and posted accordingly.
(d) The Section Officer concerned shall ensure that the aforesaid Registers are promptly and properly maintained and the directions of the Bench faithfully carried out.
If early hearing of any case out of turn is required, the party/Legal Practitioner shall, make an application stating the reasons thereof in Form No. III of the Procedure Rules, after serving copy thereof to the other parties. The application shall, if in order, be listed before the Bench presided by the Chairman or in his absence the Senior Member nominated by him in the case of the Principal Bench and before the Bench presided by the Senior Member available in the case of additional Benches.
(a) When the Tribunal is closed for vacation, the Vacation Bench shall sit on such days as the Chairman may specify.
(b) During the vacation only matters which are required to be immediately or promptly dealt with, shall be received in the Registry. The Registrar, on being satisfied about the urgency, shall order registration and posting of such cases. 1[When an OA
is filed during vacation the applicant counsel shall file a memo explaining the urgency for moving the OA during vacation. In pending matters, the applicant/counsel shall file a miscellaneous application explaining the urgency for moving it during vacation. Today motion during vacation shall be only with the sanction of the Bench concerned. Sanction for Today motion shall be sought when the Bench commences sitting.]
(c) During the vacation, the Registrar may accept replies, rejoinders to OAs, RAs, etc., provided a copy of the same has been served on all the other parties/Legal Practitioners.
(d) Inspection, of records may be permitted during the vacation according to the Rules.
(e) Certified copies may also be supplied during the vacation according to the Rules.
Posting of Review Applications shall be governed by the order made by the Chairman as contained in Appendix-IV subject to such modifications as may be made by the Chairman from time to time.
When a Division Bench of the Tribunal makes an order referring the case/issues to a Full Bench, the applicant or such other party, as the Bench directs shall furnish in Paper Book Form duly indexed and continuously paginated three/five sets (depending upon the number of members of the Full Bench) for the use of the Bench and one set to each of the parties/or their Legal Practitioner on the other side, within two weeks or such other time as the Bench may direct, arranging the papers in the following orders:--
(i) Index.
(ii) Written chronology of events/orders relevant to the case.
(iii) Order of Reference.
(iv) Memo of Parties
(v) Application/Petition.
(vi) Annexures to the Application/Petition.
(vii) Reply by each respondent in the order of their ranking.
(viii) Annexures at the end of reply of each respondent.
(ix) Rejoinder, if any.
(x) Annexures to Rejoinder, if any.
(xi) Other relevant papers with description and date:
Provided that if the same Legal Practitioner appears for more than one party, only one set of Paper Book need be furnished to him.
The referring Bench shall through the Registrar send a copy of the order of reference to all the other Benches of the Tribunal for information.
If reference is by an Additional Bench, Registrar/Officer discharging the functions of Registrar of that Bench shall forward a copy of order of reference to the Registrar of the Principal Bench for securing orders of the Chairman for constitution of the Full Bench and fixing the date of hearing.
The Registrar of the Principal Bench shall, on receipt of the request as aforesaid obtain the orders of the Chairman and convey the same to the Registrar or the officer discharging the functions of Registrar of the Referring Bench.
The Registrar of the Referring Bench shall, immediately on receipt of orders of the Chairman notify to the parties/Legal Practitioners the date of hearing of the case by the Full Bench.
The Registrar of the Referring Bench shall circulate the opinion/decision rendered by the Full Bench to all other Benches of the Tribunal.
Inspection by a party or an affected person of records of a pending or decided case before the Tribunal shall be allowed only under the orders of the Registrar.
(a) Application for inspection of records shall be in Form No.10 and presented at the filing counter of the Registry between 10.00 a.m. and 3.00 p.m. on any working day, two days before the date on which inspection is sought, unless otherwise permitted by the Registrar.
(b) The Judicial Branch of the Registry shall submit the application with its remarks before the Registrar, who shall on consideration of the same pass appropriate orders.
(c) Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on the preceding day.
(a) No fee shall be charged for inspection of records of a pending case by a party to the case or his Legal Practitioner.
(b) A fee of Rs.5 shall be payable by way of affixture of Court fee stamp or DD/IPO drawn in favour of the Registrar on any application for inspection of records of a decided case by a party to the case or his Legal Practitioner.
(c) A fee of Rs.5 shall be payable by way of affixture of Court fee stamp or DD/IPO drawn in favour of the Registrar on any application for inspection of records of a pending or decided case, by an affected person other than a party to the case.
(a) On grant of application for inspection of the records, the Section Officer in-charge of the Judicial Branch shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the Registrar between 10 a.m. and 12.30 p.m. and between 2.30 p.m. and 4.30 p.m. in the presence of an officer authorized in that behalf.
(b) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection.
(c) The person inspecting the records shall not make any marking on any record or paper so inspected. Copying, if any, of the documents/records inspected may be done only in pencil.
(d) The officer supervising the inspection, may at any time prohibit further inspection, if in his opinion any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions of these Rules and shall immediately make a report about the matter to the Registrar and seek further orders of the Registrar. Note about the same shall be made in Column (8) of the Inspection Register.
The Section Officer in-charge of the Judicial Branch shall cause to maintain a Register in Form No. 8 for the purpose of inspection of documents/records and shall obtain therein the signature of the person making such inspection.
Subject as hereinafter provided, no Legal Practitioner shall be entitled to appear and act, in any proceedings before the Tribunal unless he files a Vakalatnama in the prescribed Form duly executed by or on behalf of the party for whom he appeared.
(a) Any Legal Practitioner appearing on behalf of State Government or any Government servant sued or suing in his official capacity or any Authority/Corporation/Society notified under Section 14 of the Act shall not be required to file a vakalatnama but he shall file a Memo of Appearance in Form No. 11 duly signed by him.
(b) Practitioner representing any of the parties referred to in sub-rule (a) shall also file a memo of appearance in Form No. 11.
Where a Legal Practitioner who has filed the vakalatnama engages or nominates another Legal Practitioner to appear and argue his client's case but not to act for the client, the Tribunal may permit such other Legal Practitioner to appear and argue.
A Legal Practitioner proposing to file a vakalatnama for a party in any case or proceeding before the Tribunal in which there is already a Legal Practitioner on record for the said party, shall do so only with the written consent of Legal Practitioner on record or when such consent is refused, with the permission of the Tribunal.
A Legal Practitioner who has tendered advice in connection with the institution of any case or other proceeding before the Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not, appear in any case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his former client, except with the prior permission of the Tribunal.
A Legal Practitioner appearing for the party in any matter before the Tribunal shall be entitled to communicate personally with or receive any information regarding the said matter from any officer of the Tribunal subject to such conditions as may be prescribed by Tribunal.
(a) Every vakalatnama authorizing a Legal Practitioner to plead and act shall be in Form No.12. The name of the Legal Practitioner so appointed shall be inserted in the vakalatnama before it is executed. It shall be dated at the time of its execution and of its acceptance. Its execution shall be attested by a Judicial Officer, Gazetted Officer serving in connection with the affairs of the Union or of any State in India or a Legal Practitioner other than the Legal Practitioner accepting the vakalatnama.
(b) The authority attesting the vakalatnama under sub-rule (a) shall certify that it has been duly executed in his presence and subscribe his signature giving his name and designation. Attestation shall be made only after the name of the Legal Practitioner is inserted in the vakalatnama before its execution. When a vakalatnama is executed by a party who appears to be illiterate, blind or unacquainted with the language of the vakalatnama, the attestor shall certify that the vakalatnama was read, translated and explained in his presence to the executant, that he seemed to understand, it and that he signed or affixed his thumb mark in the attestor's presence.
(c) Every vakalatnama shall contain an endorsement of acceptance by the Legal Practitioner in whose favour it is executed and shall also bear his address for service. If the vakalatnama is in favour of more than one Legal Practitioner, it shall be signed and accepted by all of them, giving the address for service of any one of them.
The party who has engaged a Legal Practitioner to appear for him before the Tribunal shall not be entitled to be heard in person unless he withdraws the vakalatnama with the leave of the Tribunal.
While appearing before the Tribunal, the Advocate shall wear the same professional dress as prescribed for appearance before the High Court.
No Legal Practitioner shall employ as his clerk any person who is a tout.
Explanation.-- "Tout" means a person who procures or attempts to procure for any consideration from any Practitioner or from any person acting on his behalf, the employment of such Legal Practitioner in any legal business or who, for purposes of such procurement, frequents the precincts of the Tribunal.
No person who is or has been declared a tout or is an undischarged insolvent or has been convicted of an offence involving moral turpitude or has been dismissed from the service of the Government for corruption or dishonesty or is otherwise unfit to be a clerk shall be registered as Legal Practitioner's clerk as provided in Rule 25(1) of the Procedure Rules.
(a) When an application in Form No. IV of the Procedure Rules is made by the Legal Practitioner for registration of his clerk and the same is allowed by the Registrar, the name of the clerk shall be entered in the Register of Clerks in Register No.9.
(b) The Registrar may, for reasons to be recorded in writing, decline to Register any clerk, who in his opinion suffers from any disqualification specified in Rule 71 or is otherwise unsuitable to be registered as such.
(c) An appeal may be filed within thirty days from the date of the order of the Registrar under sub-rule (b) to the Chairman/Senior Member.
(a) The Registrar may, for reasons to be, recorded in writing, cancel the registration of any clerk after giving him and his employer an opportunity to show cause against such cancellation.
(b) An appeal may be filed against the order of the Registrar made under clause (a) to the Chairman within thirty days from the date of the order.
Orders registering a clerk or canceling the registration shall be notified on the Notice Board of the Tribunal and a copy sent to the Advocates' Association.
(a) 1[An identity card as referred to in sub-rule (3) of Rule 25 of the Procedure Rules shall be issued in Form No. 13 to every registered clerk of the legal practitioner on his remitting a fee as fixed by Chainnan by way of chalan in
Government Treasury under the head of account -0070-01-800-92-KAT- Receipts on behalf of Registrar of Kerala Administrative Tribunal, Thiruvananthapuram]
(b) The registered clerk shall wear the Identity Card in the body in such a manner as to display his/her Identity and be bound to produce the same for inspection on demand by officials authorised by Registrar.
(c) An Identity Card once issued shall be in force for a period of three years unless cancelled earlier.
The registered clerks, may communicate personally with any sectional or Departmental Head not below the rank of a Section Officer for information regarding their employers' matters pending in the Tribunal.
The Section Officer in-charge of Scrutiny Branch may permit a registered clerk to correct any clerical or typographical mistake found out during scrutiny under Rule 11 in any pleadings or other proceedings. The correction shall be made in the presence of the Section Officer and duly initialled by the maker as well as the Section Officer.
In case of illness or absence on leave of a registered clerk, the Registrar may, on the requisition of the Legal Practitioner under whom such registered clerk is engaged, permit the registered clerk of another Legal Practitioner to discharge the absentee's duties for a specified period.
Registered clerk may present or take returned papers on behalf of the Legal Practitioner whom he represents.
Every affidavit shall be entitled as "In the Kerala Administrative Tribunal,.......................................... Bench at ......................." followed by the cause title of application or other proceeding in which the affidavit is sought to be used.
(a) Every affidavit shall be drawn up in Form No. 14 in the first person and divided into paragraphs numbered consecutively.
(b) Every affidavit shall contain the full name, occupation, age, father's/mother's/husband's name and address of the deponent. The deponent shall be described with such other particulars as may be necessary to identify him. He shall affix his signature/mark on each page.
Corrections, erasures and interlineations shall be initialled by the attestor and the number of corrections made on each page indicated.
Affidavits shall be sworn or affirmed before any Judicial Officer, Registrar and Deputy Registrar of the Tribunal, Notary, The Chief Ministerial Officer of any District Court in the State, any Gazetted Officer of the State or any Advocate.
Where an affidavit is sworn or affirmed by any person who appears to be illiterate, blind or unacquainted with the language in which the affidavit is written, the attestor shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent and that he seemed to understand it, and made his signature or mark in the presence of the attestor in Form No.15.
If the deponent is not known to the attestor, his identity shall be testified by a person known to him. The identifying person shall affix his signature in token thereof, after recording "identified the deponent who is known to me".
Document accompanying an affidavit shall be referred to therein as Annexure No. .......... The attestor shall make the following endorsement thereon:-
| This is the document marked as annexure No in the Affidavit of | |
| (Signature) | |
| Name & designation of the attestor with date. |
(a) Except as otherwise provided hereunder, discovery, production and return of documents shall be regulated by the provisions of the Code of Civil Procedure, 1908.
(b) An application for summons to produce documents shall be in Form No. III to the Procedure Rules setting out (i) the document/s the production of which is sought, (ii) the relevancy of the document/s and (iii) in case where the production of a certified copy would serve the purpose, whether application was made to the proper officer in custody and the result thereof.
(c) A summons for production of documents in the custody of a public officer other than a Court shall be in Form No. 16 and shall be addressed to the concerned Head of the Department or such other authority as may be specified by the Tribunal.
Notwithstanding anything contained in these rules, the Tribunal may, suo motu, issue summons for production of public documents in the custody of a public officer.
(a) The documents when produced shall be marked as follows:-
(i) If relied upon by the applicant's side, they shall be numbered as "A" series. (Eg. Annexures A1, A2, A3, etc.)
(ii) If relied upon by the respondent's side, they shall be marked as "R" series. (Eg. Annexures R1, R2, R3 , etc.). If there are more respondents than one, documents shall be marked as Annexures R1, R1(a), R1(b), R1(c)...... Annexures R2, R2(a), R2(b), R2(c)...... Annexures R3, R3(a), R3(b), R3(c)...... etc.
(iii) The Tribunal Annexures shall be marked as "T" series.
(b) The Tribunal may direct the applicant to deposit in Tribunal by way of IPO/DD drawn in favour of the Registrar a sum sufficient to defray the expenses for transmission of the records before the summons is issued.
(c) The transmission of the records shall ordinary be by registered post/parcel.
(a) An application for return of the documents produced shall be in Form No. III given under the Procedure Rules. No such application shall be entertained after the destruction of the records.
(b) The Tribunal may, at any time, direct return of documents produced subject to such conditions as it deems fit.
The provisions of Orders XVI and XXVI of the Code of Civil Procedure, 1908 shall mutatis mutandis apply in the matter of summoning and enforcing attendance of any person and examining him on oath and issuing commission for the examination of witnesses or for production of documents.
Oath shall be administered to a witness in the following form:-
"I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth and nothing but the truth".
Oath or solemn affirmation shall be administered to the Interpreter in the following form before his assistance is taken for examining a witness:-
"I do swear in the name of God/solemnly affirm that I will faithfully and truly interpret and explain all questions put to and evidence given by witness and translate correctly and accurately all documents given to me for translation".
The oath or affirmation shall be administered by the Court Officer or the Commissioner, as the case may be.
(a) The deposition of witness shall be recorded in Form No. 17.
(b) Each page of the deposition shall be initialled by the Members constituting the Bench or the Commissioner.
(c) Corrections, if any, pointed out by the witness may, if the Bench/Commissioner is satisfied, shall be carried out and duly initialled. If not satisfied, a note to the effect shall be appended at the bottom of the deposition.
The witnesses called by the applicant(s) shall be numbered consecutively as PWs and those by the respondent(s) as RWs.
Witness discharged by the Tribunal may be granted a certificate in Form No.18 by the Registrar.
(a) Where the Tribunal issues summons to a Government servant to give evidence or to produce documents, person so summoned may draw from the Government traveling and daily allowance admissible to him as per Rules.
(b) Where there is no provision for payment to TA and DA by the employer to the person summoned to give evidence or to produce documents, he shall be entitled to be paid as batta, a sum found by the Registrar sufficient to defray the travelling and other expenses having regard to the status and position of the witness. The party applying for the summons shall deposit with the Registrar the amount of batta as estimated by the Registrar well before the summons is issued. If the witness is summoned as a Tribunal witness, the amount estimated by the Registrar shall be paid as per the directions of the Tribunal.
(c) The aforesaid provisions would govern the payment of batta to the interpreter as well.
The Commissioner shall be furnished by the Tribunal with such of the records of the case as the Tribunal considers necessary for executing the Commission. Original documents will be furnished only if a copy will not serve the purpose or cannot be obtained without unreasonable expense or delay. Delivery and return of records shall be made under proper acknowledgement.
The Commissioner may, if necessary, take specimen of the handwriting, signature or finger print of any witness examined before him.
The final decision of the Tribunal on an application/petition before the Tribunal shall be described as "Order".
All orders/directions of the Bench shall be stated in clear and precise terms in the last paragraphs of the order.
The Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page.
(a) The Bench shall as far as possible pronounce the order immediately after the hearing is concluded.
(b) When the orders are reserved, the date for pronouncement not later than 3 weeks shall be fixed. The date so fixed shall not be changed without due notice to all parties/Counsel.
(c) Reading of the operative portion of the order in the Open Court shall be deemed to be pronouncement of the order.
(a) Any one of Members of the Bench may pronounce the order for and on behalf of the Bench.
(b) When an order is pronounced under this Rule, the Court Officer shall make a note in the order sheet, that the order of the Bench consisting of ......................... was pronounced in Open Court by the Bench consisting of ......................
(a) If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Tribunal, the Chairman may authorize any other Member to pronounce the order on his being satisfied that the order has been duly prepared and signed by all the Members who heard the case. The order pronounced by the Member so authorized shall be deemed to be duly pronounced.
(b) The Member so authorized for pronouncement of the order shall affix his signature in the order sheet of the case stating that he has pronounced the order as provided in this rule.
(c) If the order cannot be signed by reason of death, retirement or resignation of any one of the Members of the Bench who heard the case, it shall be deemed to have been released from part-heard and listed afresh for hearing.
Immediately on pronouncement of an order by the Bench, the Court Officer shall make necessary endorsement on the case file regarding the date of such pronouncement, the nature of disposal and the constitution of the Bench pronouncing the order. He shall also make necessary entries in the Court Diary maintained by him.