Powers and Procedure of the Tribunals

§5

Summary

5. (1) (a) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908, or the rules of evidence contained in the Indian Evidence Act, 1872, but shall be guided by the principles of natural justice, and subject to the provisions of this section and of any rules made under section 7, the Tribunal shall have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) : 1[ Provided that where, in respect of the subject matter of a reference, in competent court has already passed a decree or order or issued a writ or direction, and such decree, order, writ or direction has become final, the principle of res judicara shall apply;] 2[ (b) The provisions of the Limitation Act, 1963, shall mutatis mutandis apply to reference under section 4 as if a reference were a suit filed in civil court so, however, that : (i) notwithstanding the period of limitation prescribed in the Schedule to the said Act, the period of limitation for such reference shall be one year ; (ii) in computing the period of limitation the period beginning with the date on which the public servant makes a representation or prefers an appeal, revision or any other petition (not being a memorial to the Governor), in accordance with the rules or orders regulating his conditions of service, and ending with the date on which such public servant has knowledge of the final order passed on such representation, appeal, revision or petition, as the case may be, shall be excluded : Provided that any reference for which the period of limitation prescribed by the Limitation Act, 1963 is more than one year, a reference under section 4 may be made within the period prescribed by that Act, or within one year next after the commencement of the Uttar Pradesh Public Service (Tribunals) (Amendment) Act, 1985 whichever period expires earlier : Provided further that nothing in this clause as substituted by the Uttar Pradesh Public Services (Tribunals) (Amendment) Act, 1985, shall affect any reference made before and pending at the commencement of the said Act.] Provided that where any court subordinate to the High Court has before the appointed date passed a decree in respect of any matter mentioned in section 4 or passed an order dismissing a suit or appeal for non-prosectuion and that decree or order has not become final any public servant or his employer aggrieved by the decision of such court may make a reference to the Tribunal within 60 days from the appointed date, and the Tribunal may affirm, modify or set aside such decree (but may not remand the case to any such court) and such decision of the Tribunal shall be final. (2) The Tribunal shall decide every reference expedititiously and ordinarily every case shall be decided by it on the basis of perusal of documents and representations and of oral or written arguments, if any. (3) The Tribunal may admit in evidence in lieu of any original document a copy thereof attested by a gazetted officer or by a notary. (4) The Tribunal shall not ordinarily call for or allow to be adduced oral evidence, and may, if necessary, require any part to file an affidavit. (5) The Tribunal shall, for the purpose of holding any inquiry under this Act, have, subject to the provisions of sub-section (1), the same owers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters: (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits ; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or copy thereof from any office ; (e) issuing commission for the examination of witnesses or documents ; (f) recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith; (g) reviewing its decision ; (h) dismissing a reference for default or deciding it ex-parte ; (i) setting aside an order of dismissal for default or an order passed by it ex parte ; (j) passing interlocutory orders pending final decision of any reference on such terms, if any, as it thinks fit to impose; (k) any other matter which may be prescribed. 3[ (5A) No interim order (whether by way of injunction or stay or in any other manner) shall be passed by the Tribunal on or in any proceedings relating to any reference unless– (a) copies of such reference and application for interim under, along with all documents in support of the plea for such interim order, are furnished to the party against whom such petition is filed, and (b) at least fourteen days’ time is given to such party to file a reply and opportunity is given to it to be heard in the matter : Provided that the Tribunal may dispense with the requirements of (a) and (b) and may, for reasons to be recorded, make an interim order, as an exceptional measure, if it is satisfied that it is necessary so to do for preventing any less to the petitioner which cannot be adequately compensated in money, but any such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of the period of 14 days from the date on which it is made unless the said requirements have been complied with before the expiry of the said period and the Tribunal has continued the operation of that order. (5-B) Notwithstanding anything in the foregoing sub-sections, the Tribunal shall have no power to make an interim order (whether by way of injunction or stay or in any other manner) in respect of an order made or purporting to be made by an employer for the suspension, dismissal, removal, reduction in rank, termination, compulsory retirement or reversion of a public servant, and every interim order (whether by way of injunction or stay or in any other manner), in respect of such matters, which was made by a Tribunal before the date of commencement of thie sub-section and which in force on that day, shall stand vacated.[ 4[ (5-C) Notwithstanding anything in the forgoing sub-sections, the Tribunal shall have no power to make an interim order (whether by way of injunction or stay or in any other manner) in respect of an adverse entry made by an employer against a public servant, and every interim order (whether by way of injunction or stay or in any other manner) in respect of an adverse entry, which was made by a Tribunal before the commencement of the Uttar Pradesh Public Service (Tribunal) (Amendment) Act, 2000 and which is in force on the date of such commencement shall stand vacated.] (6) A declaration made by the Tribunal shall be binding on that claimant and his employer as well as on any other public servant who has, in respect of any claim affecting his interest adversely, been given an opportunity of making a representation against it, and shall have the same effect as a declaration made by a Court of Law. 5[ (7) The order of the Tribunal finally disposing of a reference shall be executed in the same manner in which any final order of the State Government or other authority or officer or other person competent to pass such order under the relevant service rules as to redressal of grievances in any appeal preferred or representation made by the claimant in conection with any matter relating to is employment to which the reference relates would have been executed.] (8) (a) The employer may appoint a public servant or a legal practitioner, to be known as the Presenting Officer, to present its case before the Tribunal. (b) The public servant may take the assistance of any other public servant to present his case before the Tribunal on his behalf, but may not engage a legal practitioner for the purpose unless either (i) the Presenting Officer appointed by the employer is a legal practitioner, or (ii) the Tribunal, having regard to the circumstances of the case, so permits. (9) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of 6[ section 193, 219] and 228 of the Indian Penal Code. (10) A reference or a reply to a reference or an application may be signed either by the appointing authority or by the Presiding Officer or, where the appointing authority is the Governor, by an officer not below the rank of Deputy Secretary authorized by the State Government in this behalf, and in the case of a local authority, corporation or company by the Chief Executive Officer or Secretary thereof, as the case may be.

5. (1) (a) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908, or the rules of evidence contained in the Indian Evidence Act, 1872, but shall be guided by the principles of natural justice, and subject to the provisions of this section and of any rules made under section 7, the Tribunal shall have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) : 1[ Provided that where, in respect of the subject matter of a reference, in competent court has already passed a decree or order or issued a writ or direction, and such decree, order, writ or direction has become final, the principle of res judicara shall apply;] 2[ (b) The provisions of the Limitation Act, 1963, shall mutatis mutandis apply to reference under section 4 as if a reference were a suit filed in civil court so, however, that : (i) notwithstanding the period of limitation prescribed in the Schedule to the said Act, the period of limitation for such reference shall be one year ; (ii) in computing the period of limitation the period beginning with the date on which the public servant makes a representation or prefers an appeal, revision or any other petition (not being a memorial to the Governor), in accordance with the rules or orders regulating his conditions of service, and ending with the date on which such public servant has knowledge of the final order passed on such representation, appeal, revision or petition, as the case may be, shall be excluded : Provided that any reference for which the period of limitation prescribed by the Limitation Act, 1963 is more than one year, a reference under section 4 may be made within the period prescribed by that Act, or within one year next after the commencement of the Uttar Pradesh Public Service (Tribunals) (Amendment) Act, 1985 whichever period expires earlier : Provided further that nothing in this clause as substituted by the Uttar Pradesh Public Services (Tribunals) (Amendment) Act, 1985, shall affect any reference made before and pending at the commencement of the said Act.] Provided that where any court subordinate to the High Court has before the appointed date passed a decree in respect of any matter mentioned in section 4 or passed an order dismissing a suit or appeal for non-prosectuion and that decree or order has not become final any public servant or his employer aggrieved by the decision of such court may make a reference to the Tribunal within 60 days from the appointed date, and the Tribunal may affirm, modify or set aside such decree (but may not remand the case to any such court) and such decision of the Tribunal shall be final. (2) The Tribunal shall decide every reference expedititiously and ordinarily every case shall be decided by it on the basis of perusal of documents and representations and of oral or written arguments, if any. (3) The Tribunal may admit in evidence in lieu of any original document a copy thereof attested by a gazetted officer or by a notary. (4) The Tribunal shall not ordinarily call for or allow to be adduced oral evidence, and may, if necessary, require any part to file an affidavit. (5) The Tribunal shall, for the purpose of holding any inquiry under this Act, have, subject to the provisions of sub-section (1), the same owers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters: (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits ; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or copy thereof from any office ; (e) issuing commission for the examination of witnesses or documents ; (f) recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith; (g) reviewing its decision ; (h) dismissing a reference for default or deciding it ex-parte ; (i) setting aside an order of dismissal for default or an order passed by it ex parte ; (j) passing interlocutory orders pending final decision of any reference on such terms, if any, as it thinks fit to impose; (k) any other matter which may be prescribed. 3[ (5A) No interim order (whether by way of injunction or stay or in any other manner) shall be passed by the Tribunal on or in any proceedings relating to any reference unless– (a) copies of such reference and application for interim under, along with all documents in support of the plea for such interim order, are furnished to the party against whom such petition is filed, and (b) at least fourteen days’ time is given to such party to file a reply and opportunity is given to it to be heard in the matter : Provided that the Tribunal may dispense with the requirements of (a) and (b) and may, for reasons to be recorded, make an interim order, as an exceptional measure, if it is satisfied that it is necessary so to do for preventing any less to the petitioner which cannot be adequately compensated in money, but any such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of the period of 14 days from the date on which it is made unless the said requirements have been complied with before the expiry of the said period and the Tribunal has continued the operation of that order. (5-B) Notwithstanding anything in the foregoing sub-sections, the Tribunal shall have no power to make an interim order (whether by way of injunction or stay or in any other manner) in respect of an order made or purporting to be made by an employer for the suspension, dismissal, removal, reduction in rank, termination, compulsory retirement or reversion of a public servant, and every interim order (whether by way of injunction or stay or in any other manner), in respect of such matters, which was made by a Tribunal before the date of commencement of thie sub-section and which in force on that day, shall stand vacated.[ 4[ (5-C) Notwithstanding anything in the forgoing sub-sections, the Tribunal shall have no power to make an interim order (whether by way of injunction or stay or in any other manner) in respect of an adverse entry made by an employer against a public servant, and every interim order (whether by way of injunction or stay or in any other manner) in respect of an adverse entry, which was made by a Tribunal before the commencement of the Uttar Pradesh Public Service (Tribunal) (Amendment) Act, 2000 and which is in force on the date of such commencement shall stand vacated.] (6) A declaration made by the Tribunal shall be binding on that claimant and his employer as well as on any other public servant who has, in respect of any claim affecting his interest adversely, been given an opportunity of making a representation against it, and shall have the same effect as a declaration made by a Court of Law. 5[ (7) The order of the Tribunal finally disposing of a reference shall be executed in the same manner in which any final order of the State Government or other authority or officer or other person competent to pass such order under the relevant service rules as to redressal of grievances in any appeal preferred or representation made by the claimant in conection with any matter relating to is employment to which the reference relates would have been executed.] (8) (a) The employer may appoint a public servant or a legal practitioner, to be known as the Presenting Officer, to present its case before the Tribunal. (b) The public servant may take the assistance of any other public servant to present his case before the Tribunal on his behalf, but may not engage a legal practitioner for the purpose unless either (i) the Presenting Officer appointed by the employer is a legal practitioner, or (ii) the Tribunal, having regard to the circumstances of the case, so permits. (9) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of 6[ section 193, 219] and 228 of the Indian Penal Code. (10) A reference or a reply to a reference or an application may be signed either by the appointing authority or by the Presiding Officer or, where the appointing authority is the Governor, by an officer not below the rank of Deputy Secretary authorized by the State Government in this behalf, and in the case of a local authority, corporation or company by the Chief Executive Officer or Secretary thereof, as the case may be.

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