Order XLIV - Reference made by the central Government / Statutory Tribunal under statutes : Supreme Court Rules 2013

How to deal with Reference made by the central Government / Statutory Tribunal under statutes? Order XLIV of Supreme Court Rules 2013

 

Order XLIV of Supreme Court Rules 2013 : "Reference made by the central Government / Statutory Tribunal under statutes"

1. A reference under the provisions of any Act enabling making of such reference by the Central Government/ Statutory Tribunal to the Court shall be forwarded to the Registrar of the Court.

 

 

2. The reference shall contain inter alia all the relevant facts of the case, definite charges against the person sought to be removed from the concerned office by virtue of the enabling provision for the removal and the statement of grounds on which each such charge is based.

3. The Central Government/Statutory Tribunal shall along with the reference transmit seven copies thereof and eight copies of transcript in English of the documents relating to the grounds on which the removal of the person is sought, one of which shall be duly authenticated.

4. On receipt of such reference, it shall be registered in the Register maintained for the purpose and numbered as "Reference No...... of 20..... under...................... (Section and Name of the Act under which the reference is made). No Court-fee shall be payable on such reference.

5. (1) As soon as the reference is registered and numbered, the Registrar shall give notice to the person sought to be removed calling upon him within four weeks from the date of service of notice on him to put in a written statement of his defence together with seven copies thereof and to state whether he desires to be heard in person. A copy of the documents mentioned in rules 2 and 3 shall be enclosed with the notice.

(2) Notice stating the date fixed for filing written statement by the person sought to be removed snail be given to the Attorney-General for India and the Central Government/Statutory Tribunal.

6. (1) After the written statement is received from the person sought to be removed or if no such written statement is received within the time allowed, the Court shall fix a date for the inquiry.

(2) If the person sought to be removed does not appear on the date fixed for inquiry, the Court may proceed with the inquiry in his absence.

(3) At the inquiry, the oral and documentary evidence as the case may be  in support of the grounds on which the removal of the person is sought, shall be recorded. The oral evidence may be recorded on affidavits and/or on Commission, if the Court so directs. The person sought to be removed shall be entitled to cross-examine the witnesses.

(4) The evidence for the defence shall then be recorded and the witnesses examined who shall be liable to cross examination by the prosecution.

(5) The provisions relating to hearing of the suits under the rules, shall, as far as may be, apply to the recording of evidence.

7. The person sought to be removed shall have a right to be defended.

8. Every witness who is summoned to give evidence or to produce a document or thing before the Court shall be paid traveling and daily allowances at such rates as the Court may fix.

9. (1) After the close of the inquiry, the Court shall make an order at once or on such other day as may be fixed by it.

(2) The Court may pass such orders as to costs as it may deem proper.

10. After the order of the Court has been announced, the Registrar shall send a copy thereof to the Central Government/Statutory Tribunal.

11. Save as otherwise provided by the rules contained in this Order, the provisions of these rules shall, so far as may be, apply to reference dealt with under this Order.

12. Notwithstanding anything contained in these rules, the Court may devise any other procedure of its own to hear and decide the reference.