Overview of Administrative Tribunal Proceedings in WBAT
Administrative Tribunal proceedings in WBAT are governed by Article 323A of the Constitution. The tribunal is headed by a Chairman, with benches comprising a Judicial Member and an Administrative Member. Cases are either contested by advocates or departmental representatives. Specific procedures are followed for filing applications, serving documents, and responding to claims. Compliance and contempt matters are also addressed within the tribunal.
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Presentation by Shiladitya Bhattacharya SRO II & DR in WBAT Shiladitya Bhattacharya SRO II & DR in WBAT
Constituted under Article 323A of Constitution Headed by the Chairman, a retired Judge of High Court Each Bench comprised of One Judicial Member [a retired Judge of High Court] and an Administrative Member [retired Officer who served not below the rank of Additional Chief Secretary] Benches have subject wise determination Cases are contested either by Ld. Advocates or by an officer specially empowered under section 23B of Administrative Tribunal Act, known as Departmental Representative Cases filed either challenging any action or alleging inaction Limitation under Sec. 21 of A.T. Act, 1985 Shiladitya Bhattacharya SRO II & DR in WBAT
Separate Case No. given for Original Application [O.A] Contempt Application Application[R.A.] Copy of the application not served upon the D.R. Before admission hearing, it is served upon the respondents. So please of Report are of two types, Status CCP]. Status Report to be filed in verified form in 4 sets [2 in demy paper and 2 in white legal papers] but Compliance Report in Affidavit format Almost in all cases Respondents to register response by filing Reply. Reply is like Affidavit in Opposition, but here affirmation is replaced by verification After filing reply, the applicant shall file Rejoinder After reply rejoinder hearing takes place. It may requires production of Office file FROM 01.11.2019, ALL REPLY SHALL BE FILED IN FORM OF AFFIDAVIT [CCP], Misc. Application[M.A ] and Review/Recalling please send served Compliance report send a a photocopy photocopy of the the application application to to the the D D. .R R. ., , as Status report as soon report and Compliance soon as as it it is is served report [mainly for FROM 01.11.2019, ALL REPLY SHALL BE FILED IN FORM OF AFFIDAVIT Shiladitya Bhattacharya SRO II & DR in WBAT
For before If If admitted, by The the Alleged Report report alleged Applicant Compliance Matters For Contempt before the admitted, Registry by name The Applicant the alleged Alleged contemnor Report in report has alleged contemnor Applicant may Compliance report Matters to Contempt cases, the Tribunal Registry shall name Applicant shall alleged contemnor contemnor has in form has to contemnor himself may file report to be cases, the Tribunal. . the applicant applicant moved moved it it shall serve serve notice notice directly directly shall serve contemnor serve a a copy copy of of CCP CCP upon upon has to an affidavit signed in himself in file objection to file affidavit. . Compliance in full in affidavit objection against file Compliance Compliance full with affidavit form against that Compliance with date form form of to be of an be signed date by by the the that be contested contested through through Ld Ld. . Advocate Advocate Shiladitya Bhattacharya SRO II & DR in WBAT
1. WEST BENGAL SERVICE RULES- PART-I & Part II 2. WEST BENGAL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1971. 3. WEST BENGAL SERVICES (DEATH CUM RETIREMENT BENEFITS ) RULES 1971. 4. PAYMENT OF ARREARS PENSION (NOMINATION ) RULES 1986. 5. THE WEST BENGAL SERVICES ( COMMUTATION OF PENSION RULES ) 1983. 6. THE WEST BENGAL SERVICES (DUTIES, RIGHTS AND OBLIGATIONS OF THE GOVERNMENT EMPLOYEES ) RULES, 1980. 7. THE WEST BENGAL SCHEDULED CASTES AND SCHEDULED TRIBES ( RESERVATION OF VACANCIES IN SEEERVICES AND POSTS )ACT. 1976. Shiladitya Bhattacharya SRO II & DR in WBAT
8. THE WEST BENGAL SERVICES ( APPOINTMENT, PROBATION AND CONFIRMATION ) RULES, 1979. 9. THE WEST BENGAL SERVICES ( RAISING OF AGE- LIMIT ) RULES ) 1981. 10. THE WEST BENGAL SERVICES (DETERMINATION OF SENIORITY ) RULES, 1981. 11. THE NORMAL ZONE OF CONSIDERATION OF PROMOTION RULES, 1982. 12. THE WEST BENGAL ADMINISTRATIVE TRIBUNAL ( PROCEDURE ) RULES, 1994. 13. THE WEST BENGAL REGULATION OF RECRUITMENT IN STATE GOVERNMENT ESTABLISHMENTS AND ESTABLISHMENTS OF PUBLIC UNDERTAKINGS, STATUTORY BODIES, GOVERNMENT COMPANIES AND LOCAL AUTHORITIES ACT, 1999. 14. THE WEST BENGAL SECRETARIATE MANUAL. Shiladitya Bhattacharya SRO II & DR in WBAT
15. RULES OF BUSINESS, PUBLISHED IN 1964. 16. THE WEST BENGAL PRACTICE AND PROCEDURE MANUAL, 1964. 17. THE WEST BENGAL BOARD S MISCELLANEOUS RULES, 1955. 18.VIGILANCE MANUAL ( 4 VOLUMES ). 19. THE WEST BENGAL HEALTH SCHEME 2008. 20. DIFFERENT PAY COMMISSIONS REPORTS AND WEST BENGAL SERVICES (ROPA) RULES 21. THE WEST BENGAL LAND MANAGEMENT MANUAL, 1977 Shiladitya Bhattacharya SRO II & DR in WBAT
APPOINTMENT AS PER RECRUITMENT RULE APPOINTMENT ON COMPASSIONATE GROUND ABSORPTION Shiladitya Bhattacharya SRO II & DR in WBAT
RECRUITMENT THROUGH OPEN PROCESS AND CONSTITUTIONAL SCHEME PUBLIC SERVICE COMMISSSION TO LEAD SUCH CASE 2007 RECRUITMENT EXAMINATION FOR REVENUE INSPECTOR, LOWED DIVISION ASSISTANT, AMIN & BHUMI SAHAYAKS TYPE TEST RELATED ISSUES Shiladitya Bhattacharya SRO II & DR in WBAT
301-Emp and 303-Emp of 2002 97-Emp of 2005 30-Emp, 114-Emp of 2008 251-Emp of 2013 and 26-Emp of 2016 Umesh Kumar Nagpal Case Bhawani Prasad Sonkar Case Balbir Kaur Case: why not applicable Unique from Institution to Institution Shiladitya Bhattacharya SRO II & DR in WBAT
Tehshilder: Tehshil Peon: Tehshil Muharrir: i. Seasonal worker, ii. 1700-EMP, iii. 5670- GBIII dated 15.10.1998, iv. 7517-ISU dated 30.11.1999 i. Less than 58 years ii. No D.P. pending i. Less than 58 years ii. No D.P. pending Shiladitya Bhattacharya SRO II & DR in WBAT
Seasonal Worker, Rule 18 of WBLM Manual, 1977, worked till 1984 Tehshil Muharrir Kalyan Samity Vs State Scheme of absorption: Fresh Appointment State of Karnataka Vs Uma Devi: Constitution Bench Judgement Rabindra Nath Ghosh Vs State of W.B. No new absorption permissible: Puran Chand Pandey case Vs Official Liquidator case Shiladitya Bhattacharya SRO II & DR in WBAT
AMIN & SURVEYORS 713-F(Law) Dated 15.06.2005 AMIN S PAY : CAS AND MCAS 154-F(Law) NON ADMISSIBILITY JUNCH MUHARRIR & RLDC State vs Subal Chandra Das case Promotion to UDC at 1:1 ratio Shiladitya Bhattacharya SRO II & DR in WBAT
CONTINGENT MENIAL SWC & KARMABANDHU SWAPAN KUMAR PALOI S CASE: ARREAR PAYMENT DRW & 9008-F dated 16.09.2011 KARMABANDHU NOT COVERED UNDER 9008- F dated 16.09.2011 Shiladitya Bhattacharya SRO II & DR in WBAT
Suspension & Types: Rule 7 of CCA Rule D.P. contemplation, National Security, Police Custody Subsistence Allowance U/R. 71 of WBSR Pt. I Decision of Suman Roy Chowdhury Case Decision of Ajay Chowdhury Case Procedure of Departmental Proceeding: Rule 10 of CCA Rule. Role of I.A.; P.O.; D.A.; A.A. & PSC Degree of Punishment: Rule 8 of CCA Rule and Rule 10 of DCRB Rule Major & Minor Punishment, Second Show Cause, Enquiry Report D.P. against Judicial & Quasi-Judicial Officer Decision of K.K.Dhawan Case Shiladitya Bhattacharya SRO II & DR in WBAT
I.A. is a quasi judicial authority Defence Assistant Vs Advocate Providing Document those are relevant only Principle of Natural Justice to be followed Finding of I.A. should be specific& speaking Any objection from the C.O. should be recorded and dealt on merit Criminal Proceeding and DP: Simultaneous Proved beyond doubt Vs preponderance of Probability I.A. is not authorised to propose any punishment Shiladitya Bhattacharya SRO II & DR in WBAT
Types of Pension Superannuation[R57], Compensation [R. 38-47], Invalid [R48-56], Retiring [R58-61], Pro-rata Pension [R. 189A] Concept of Compassionate Allowance[R12], Provisional Pension [R.10] , Interim Allowance[R14], Family Pension[R.15] Minimum Qualifying Service[R17] & Condoning[R36] Gratuity[R67] Over drawal amount refund [Rule 140(2)] Abdul Qadir Chandi Prasad Uniyal Decision of Rafiq Masih s Case.pptx Decision of Jagdev Singh s Case.pptx But monthly pension can be reduced as per new fixation All of DCRB Rule All of DCRB Rule Shiladitya Bhattacharya SRO II & DR in WBAT
Tehshilder & Tehshil Peon: I. No Break in service II. Refund of Employer s share of CPF along with the interest accrued against the share III. Dhirendra Nath Sarkar Vs State 2944(37) GB-III dtd. 27.04.1995 [Tehshilders] 4114(36)-GB-III dtd. 05.7.1995 [Tehshil Peon] Tehshil Muharrir I. No past service count [5670-GBIII: para vii] II. Rule 36 of DCRB Rule III. State of WB Vs Sk Golam Zikiria Shiladitya Bhattacharya SRO II & DR in WBAT
