Constitution of the Tribunal

§3

Summary

1[ 3. (1) As soon as may be after the commencement of the Uttar Pradesh Public Services (Tribunals) (Amendment) Act, 1992, the State Government shall, by notification, establish a Tribunal to be called the State Public Services Tribunal. (2) The Tribunal shall consist of a Chairman, 2[ a Vice-Chairman (Judicial), a Vice-Chairman (Administrative)] and such number of other Judicial and Administrative members not less than five in each category, as may be determined by the State Government. (3) A person shall not be qualified for appointment as Chairman, unless he (a) has been a Judge of a High Court, or (b) has, for atleast two years held the post of Vice-Chairman, or (c) has been a member of the Indian Administrative Service who has held the ost of a Secretary to the Government of India or any other post under the Central or the State Government equivalent thereto, and has adequate experience in dispensation of justice. 3[ (4) A person shall not be qualified for appointment as Vice-Chairman (Judicial), unless he, (a) has held the post of District Judge of Super Time Scale or any other post equivalent thereto; or (a) has, for atleast two years, held the post of a Judicial Member.] 4[ (4-A) A person shall not be qualified for appointment as Vice-Chairman (Administrative) unless he, (a) has, held the post of an Administrative Member; or (b) has held the post of Secretary in the State Government or a post equivalent to the post of Joint Secretary in the Government of India and has, in the opinion of the State Government adequate experience in dispensation of justice.] 5[ (5) Except as provided in sub-section (5-A), the provisions of rules 56 of Uttar Pradesh Fundamental Rules, published in the Financial Hand Book Volume-2 (Part II to IV), shall continue to apply to every member of the Tribunal, as they apply to any other Government servant of the same grade, rank or cadre. Provided that a judicial member, referred to in the proviso to sub-section (4) shall continue to hold office till he attains the age of 62 years. 5-A. Notwithstanding anything contained in any other law for the time being in force, a person who has retired from Government Service on attaining the age of super-annuation may be re-employed by the State Government as Judicial Member or Administrative Member, if he is otherwise eligible for appointment as such member under sub-section (3) and such persons shall hold office for period of two years from the date on which he enters upon his office or until he attains the age of 62 years, whichever be earlier.] 6[ (6) An officer of the Indian Administrative Service or an officer of the Provincial Civil Service (Executive Branch) in the pay scale of Rs. 18400-22400 or above shall be qualified for appointment as an Administrative Member provided he has adequate experience in dispensation of Justice.] (7) The Chairman, Vice-Chairman and every other member shall be appointed by the 7[ State Government after consultation with the Chief Justice for which proposal will be initiated by the State Government : 8[ Provided that no Chairman, Vice-Chairman or member shall hold office as such after he has attained. (a) in the case of Chairman, the age of sixty five years, and (b) in the case of Vice-Chairman or member, the age of sixty two years.] 9[ (8-a) The provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal) (Amendment) Act, 2017 shall apply also in the Chairman, the Vice-Chairman and other members holding office on the commencement of the said Act.] 10[ (8-b) The provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal) (Amendment) Act, 2013 shall apply also to the Chairman holding office on the commencement of the said Act.] 11[ (8-c) The provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal) (Amendment) Act, 2017 shall apply also to the Chairman, Vice-Chairman, or a member holding office on the commencement of the said Act. ] (9) The Chairman, Vice-Chairman or any other member may be notice in writing under his hand addressed to the Governor resign his office : Provided that the Chairman, Vice-Chairman or other member shall, unless he is permitted by the Governor to relinquish his office sooner, continue to hold office until the expiration of three months from the date of receipt of notice or until a person duly appointed as his successor enters upon office or until the expiration of his term of office, whichever is the earlier. (10) The Chairman, Vice-Chairman or any other member shall not be removed from his office except by an order made by the Governor on the ground of proved misbehavior or in capacity after 12[ an enquiry made by the Chief Justice or such Judge of the High Court as may be nominated by the Chief Justice] in the prescribed manner, in which such Chairman, Vice-Chairman or other member as the case may be, has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (11) On ceasing to hold office, the Chairman, Vice-Chairman or other member shall be ineligible for further employment under the State Government, or any local or other authority under the control of the State Government, or any corporation or society owned or controlled by the State Government : Provided that, subject to other provisions of this Act a Vice-Chairman shall be eligible for appointment as Chairman and any other member shall be eligible for appointment as Vice-Chairman or Chairman. (12) On ceasing to hold office the Chairman, Vice-Chairman or other member shall not appear, act or plead before the Tribunal on behalf of any person. (13) The salaries and allowances payable to the Chairman, Vice-Chairman and other members and the other conditions of their service shall be such as may be determined by the State Government from time to time. (14) Where the Chairman is unable to discharge his functions owing to absence, illness or any other cause, or where any vacancy occurs in the office of the Chairman by reason of his death, resignation or otherwise, the Vice Chairman and where the Vice- Chairman is likewise unable to discharge his function or the office of the Vice-Chairman also is vacant, such other member as the State Government may by special or general order specify, shall discharge the functions of the Chairman until the Chairman resumes his duties or as the case may be a chairman appointed in accordance with the provisions of this Act assumes charge of his office. 3-A (1) The State Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit. (2) The officers and other employees of the Tribunal shall discharge their functions under the general superintendent of the Chairman. (3) The salaries and allowances and conditions of service of the officer and other employees of the tribunal shall be such as may be prescribed.]13

1[ 3. (1) As soon as may be after the commencement of the Uttar Pradesh Public Services (Tribunals) (Amendment) Act, 1992, the State Government shall, by notification, establish a Tribunal to be called the State Public Services Tribunal. (2) The Tribunal shall consist of a Chairman, 2[ a Vice-Chairman (Judicial), a Vice-Chairman (Administrative)] and such number of other Judicial and Administrative members not less than five in each category, as may be determined by the State Government. (3) A person shall not be qualified for appointment as Chairman, unless he (a) has been a Judge of a High Court, or (b) has, for atleast two years held the post of Vice-Chairman, or (c) has been a member of the Indian Administrative Service who has held the ost of a Secretary to the Government of India or any other post under the Central or the State Government equivalent thereto, and has adequate experience in dispensation of justice. 3[ (4) A person shall not be qualified for appointment as Vice-Chairman (Judicial), unless he, (a) has held the post of District Judge of Super Time Scale or any other post equivalent thereto; or (a) has, for atleast two years, held the post of a Judicial Member.] 4[ (4-A) A person shall not be qualified for appointment as Vice-Chairman (Administrative) unless he, (a) has, held the post of an Administrative Member; or (b) has held the post of Secretary in the State Government or a post equivalent to the post of Joint Secretary in the Government of India and has, in the opinion of the State Government adequate experience in dispensation of justice.] 5[ (5) Except as provided in sub-section (5-A), the provisions of rules 56 of Uttar Pradesh Fundamental Rules, published in the Financial Hand Book Volume-2 (Part II to IV), shall continue to apply to every member of the Tribunal, as they apply to any other Government servant of the same grade, rank or cadre. Provided that a judicial member, referred to in the proviso to sub-section (4) shall continue to hold office till he attains the age of 62 years. 5-A. Notwithstanding anything contained in any other law for the time being in force, a person who has retired from Government Service on attaining the age of super-annuation may be re-employed by the State Government as Judicial Member or Administrative Member, if he is otherwise eligible for appointment as such member under sub-section (3) and such persons shall hold office for period of two years from the date on which he enters upon his office or until he attains the age of 62 years, whichever be earlier.] 6[ (6) An officer of the Indian Administrative Service or an officer of the Provincial Civil Service (Executive Branch) in the pay scale of Rs. 18400-22400 or above shall be qualified for appointment as an Administrative Member provided he has adequate experience in dispensation of Justice.] (7) The Chairman, Vice-Chairman and every other member shall be appointed by the 7[ State Government after consultation with the Chief Justice for which proposal will be initiated by the State Government : 8[ Provided that no Chairman, Vice-Chairman or member shall hold office as such after he has attained. (a) in the case of Chairman, the age of sixty five years, and (b) in the case of Vice-Chairman or member, the age of sixty two years.] 9[ (8-a) The provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal) (Amendment) Act, 2017 shall apply also in the Chairman, the Vice-Chairman and other members holding office on the commencement of the said Act.] 10[ (8-b) The provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal) (Amendment) Act, 2013 shall apply also to the Chairman holding office on the commencement of the said Act.] 11[ (8-c) The provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal) (Amendment) Act, 2017 shall apply also to the Chairman, Vice-Chairman, or a member holding office on the commencement of the said Act. ] (9) The Chairman, Vice-Chairman or any other member may be notice in writing under his hand addressed to the Governor resign his office : Provided that the Chairman, Vice-Chairman or other member shall, unless he is permitted by the Governor to relinquish his office sooner, continue to hold office until the expiration of three months from the date of receipt of notice or until a person duly appointed as his successor enters upon office or until the expiration of his term of office, whichever is the earlier. (10) The Chairman, Vice-Chairman or any other member shall not be removed from his office except by an order made by the Governor on the ground of proved misbehavior or in capacity after 12[ an enquiry made by the Chief Justice or such Judge of the High Court as may be nominated by the Chief Justice] in the prescribed manner, in which such Chairman, Vice-Chairman or other member as the case may be, has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (11) On ceasing to hold office, the Chairman, Vice-Chairman or other member shall be ineligible for further employment under the State Government, or any local or other authority under the control of the State Government, or any corporation or society owned or controlled by the State Government : Provided that, subject to other provisions of this Act a Vice-Chairman shall be eligible for appointment as Chairman and any other member shall be eligible for appointment as Vice-Chairman or Chairman. (12) On ceasing to hold office the Chairman, Vice-Chairman or other member shall not appear, act or plead before the Tribunal on behalf of any person. (13) The salaries and allowances payable to the Chairman, Vice-Chairman and other members and the other conditions of their service shall be such as may be determined by the State Government from time to time. (14) Where the Chairman is unable to discharge his functions owing to absence, illness or any other cause, or where any vacancy occurs in the office of the Chairman by reason of his death, resignation or otherwise, the Vice Chairman and where the Vice- Chairman is likewise unable to discharge his function or the office of the Vice-Chairman also is vacant, such other member as the State Government may by special or general order specify, shall discharge the functions of the Chairman until the Chairman resumes his duties or as the case may be a chairman appointed in accordance with the provisions of this Act assumes charge of his office. 3-A (1) The State Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit. (2) The officers and other employees of the Tribunal shall discharge their functions under the general superintendent of the Chairman. (3) The salaries and allowances and conditions of service of the officer and other employees of the tribunal shall be such as may be prescribed.]13

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