Limitation in Filing of Cases in Central Administrative Tribunals
20.
Application not to be admitted unless other remedies exhausted – (1)
A Tribunal shall not ordinarily admit an application unless it is satisfied
that the applicant had availed of all the remedies available to him under the
relevant service rules as to redressal of grievances.(2)
For the purposes of sub-section (1), a person shall be deemed to have availed
of all the remedies available to him under the relevant service rules as to
redressal of grievances, - (a)
if a final order has been made by the Government or other authority or officer
or other person competent to pass such order under such rules, rejecting any
appeal preferred or representation made by such person in connection with the
grievance; or (b)
where no final order has been made by the Government or other authority or
officer or other person competent to pass such order with regard to the appeal
preferred or representation made by such person, if a period of six months from
the date on which such appeal was preferred or representation was made has
expired. (3)
For the purposes of sub-sections (1) and (2), any remedy available to an
applicant by way of submission of a memorial to the President or to the
Governor of a State or to any other functionary shall not be deemed to be one
of the remedies which are available unless the applicant had elected to submit such
memorial.
21. Limitation -
(1) A Tribunal shall
not admit an application, -
(a) in a case where a
final order such as is mentioned in clause (a) of sub-section (2) of section 20
has been made in connection with the grievance unless the application is made,
within one year from the date on which such final order has been made;
(b) in a case where an
appeal or representation such as is mentioned in clause (b) of sub-section (2)
of section 20 has been made and a period of six months had expired thereafter
without such final order having been made, within one year from the date of
expiry of the said period of six months.
(2) Notwithstanding
anything contained in sub-section (1), where –
(a) the grievance in
respect of which an application is made had arisen by reason of any order made
at any time during the period of three years immediately preceding the date on
which the jurisdiction, powers and authority of the Tribunal becomes
exercisable under this Act in respect of the matter to which such order relates
; and
(b) no proceedings for
the redressal of such grievance had been commenced before the said date before
any High Court,
the application shall
be entertained by the Tribunal if it is made within the period referred to in
clause (a), or , as the case may be, clause (b), of sub-section (1) or within a
period of six months from the said date, whichever period expires later.
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