Section 22
Procedure and powers of Tribunals.
The Administrative Tribunals Act, 1985
About this Act
An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation or society owned or controlled by the Government in pursuance of article 323A of the Constitution and for matters connected therewith or incidental thereto.
(1) A Tribunal shall not be bound by the procedure laid
down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural
justice and subject to the other provisions of this Act and of any rules made by the Central Government,
the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its
inquiry and deciding whether to sit in public or in private.
(2) A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and 1[after hearing such oral arguments as may be advanced].
(3) A Tribunal shall have, for the purposes of 2[discharging its functions under this Act], the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witness or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex parte;
(h) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
(i) any other matter which may be prescribed by the Central Government.
(2) A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and 1[after hearing such oral arguments as may be advanced].
(3) A Tribunal shall have, for the purposes of 2[discharging its functions under this Act], the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witness or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex parte;
(h) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
(i) any other matter which may be prescribed by the Central Government.
Notes
1. Subs. by Act 19 of 1986, s. 15, for "after hearing of oral arguments, if any, allowed by the Tribunal in the circumstances of the
case" (w.e.f. 22-1-1986).
2. Subs. by s. 15, ibid., for "holding any inquiry" (w.e.f. 22-1-1986).
2. Subs. by s. 15, ibid., for "holding any inquiry" (w.e.f. 22-1-1986).