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Section 19 The Administrative Tribunals Act, 1985

The Administrative Tribunals Act, 1985

 

 

19. APPLICATIONS TO TRIBUNALS. –

 

 

(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance.

 

Explanation : For the purpose of this sub-section, “order” means an order made –

 

(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation 1or society owned or controlled by the Government; or

 

(b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation 1or society referred to in clause (a).

 

(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees)2 in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the Central Government.

 

3(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.

 

(4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise direct by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.

 

Comments

 

Finding of the Tribunal regarding the correct date of birth of the Government servant based on the consideration of certificates and other evidence cannot be interfered in appeal before Supreme Court as it is a finding of fact; Director of Technical Education v. K. Sitadevi, AIR 1991 SC 308.

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1. Ins. by Act 19 of 1986, sec. 14 (w.r.e.f. 22-1-1986).

 

2. Subs. by Act 19 of 1986, sec. 14, for “as may be prescribed by the Central Government” (w.r.e.f. 22-1-1986).

 

3. Subs. by Act 19 of 1986, sec. 14, for sub-section (3) (w.r.e.f. 22-1-1986).

 

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Administrative Tribunals Act 1985

 

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