Q discuss the necessary contends of memorandum of appeal submitted before the tribunal?
The civil servants aggrieved by an order concerning terms and conditions of their services may present their appeals to the Registrar of a Tribunal. Appeals may be sent to the registrar by the registered post or presented to him during office hours either by the appellant personally or through his advocate. Appeals presented to or received by any member shall be deemed to be properly presented or received under this rule. And the civil servant must follow these rules of memorandum in order to make valid appeal.
Procedure to file appeal before tribunal:
1. Essential Contends of memorandum of appeal: Following are the rules relating to memorandum of appeal as prescribed in Service Tribunal PROCEDURE rules 1974
Rule 6 of such rules illustrates, every memorandum of appeal shall;
a. Be legibly, correctly and concisely written, type-written or printed;
b. Be divided into paragraphs, numbered consecutively, each paragraph containing, as nearly as may be, a separate assertion (statement of fact or declaration) or averment;
c. Contain the full name, official designation and place of posting of each party;
d. Clearly set out the relief claimed
e. Be accompanied by
i. A copy of final order, whether original or appellate, and any other order of competent authority in respect of any of the terms and conditions of service of the appellant against which the appeal is preferred; and
ii. Copies of the rules, order and other documents on which the appellant proposes to rely in support of his claim;
f. Be signed or thumb impressed by the appellant; and
g. Be accompanies by three copies of the memorandum of appeal and as many other copies thereof, duly signed or thumb-impressed by the appellant and accompanied by the documents referred to in clause (e) as there are respondents:
Provided that where a tribunal is satisfied that it is not possible for any appellant to produce any document referred to in clause (e) it may waive the provisions of the clause.
Contends in case of Malice: In case, If malice, fraudulent intention, knowledge or other condition of mind, including legal or factual malafide, is alleged in an appeal, the memorandum of appeal shall state clearly the facts constituting such malice, fraudulent intention, knowledge or other condition of mind or, as the case may be legal or factual malafide, and be accompanied, besides the documents specified in clause (e) of sub-rule (1), by a summary of the documentary or oral evidence which the appellant proposes to produce in proof of the allegation and an affidavit in support of the contends of the summary- Rule 6 sub-rule 2.
1. Rule 7, illustrates in every memorandum of appeal, the competent authority against whose order the appeal is preferred and any other party to the dispute shall be shown as respondent.
2. In accordance to rule 8, when an appeal is presented after the period of limitation prescribed in the Act (that is incase of communication with departmental authority within 30 days appeal to be made), it shall be accompanied by a petition supported by an affidavit setting forth the cause of delay.
3. Rule 9, No court-fee shall be payable for preferring an appeal to, or filing, exhibiting or recording any documents with a Tribunal.
4. Rule 10, sub-rule 1, The Registrar shall scrutinize every memorandum of appeal received by him, and shall-
i) If it is drawn up in accordance with the provisions of Rule 6, cause it to be registered in the register of appeals, to be maintained in form apprended to these rules and shall, with the approval of the chairman, fix a date for its preliminary hearing before the tribunal; and
ii) If it is not drawn up in accordance with the provisions of Rule 6, return it to the appellant for amendment, within a time to be specified in an order to be recorded by him on the memorandum of appeal, which shall in no case be less than fourteen days, pointing out the deficiency.
5. Rule 10 sub-rule (2) If the memorandum of appeal is not resubmitted within the period specified under clause (ii) of Sub-rule (1), the appeal shall stand dismissed.
6. Rule 11 (1) A tribunal may, after hearing the appellant or his advocate dismiss the appeal in limine i.e it means that even prima facie, the appeal is devoid of any merit to warrant its admission or in other words you will not be able to file a fresh appeal on the same cause of action :
a. Sub-rule 2 of rule 11, If the appeal is not dismissed in limine, notice of admission of appeal and of the day fixed for its hearing shall, subject to the provisions of sub-rule (3), be served on the appellant; the respondents and on such other persons as the tribunal may deem proper, in the manner as the tribunal may direct.
b. Sub-rule3, The appellant shall, within one week of the receipt of the notice of admission of his appeal, or within such extended period as may be allowed by the Registrar, deposit with the Registrar:
a. Cash security for costs in the sum of Rs. 100; and
b. Cost of service of notice on the respondents.
7. 13. (1) A respondent on whom a notice of appeal has been served under Rule 12, may send his objections to the appeal by registered post acknowledgment due to the registrar so as to reach him or deliver the same to the Registrar either personally or through his advocate not later than seven days before the date specified in the notice for hearing of the appeal or within such extended period as may be allowed by the Registrar.
The tribunal may after hearing the parties or their advocates confirm, set aside, vary or modify the order appealed against (section 5).
