Prescribed Time Limits for
filing Appeal/Petition/Complaint etc., under different Acts/Rules:
Under CCS [CCA] Rules
Actions
|
Time Limits
|
For
submission of written statement of his defence to the charge sheet
|
Within
10 days of the receipt of Memorandum [Charge Sheet]
|
Period
of limitation of Appeal
|
Appeal
has to be preferred within a period of 45 days from the date on which a copy
of the order appealed against is delivered to the applicant. However,
the Appellate Authority may entertain the appeal after the expiry of that
period, if it is satisfied that the appellant had sufficient cause for not
preferring the appeal in time.
|
Time
limit for disposal of Appeal
|
Not
prescribed, however quicker disposal is insisted by the rules.
|
Exercising
of Revisionary Power by the Appellate Authority
|
Within
six months of the date of the order proposed to be revised. In case, however
more than six months have elapsed from the date of the order to be reviewed,
the question of recommending a revision by the P&T Board, should be taken
up through the respective Heads of Circle and Administrative Officers.
|
Review
of Punishment
|
Powers
vested with the President, can be carried out at any time.
|
Submission
of Revision Petition
|
An
employee may prefer a revision petition to the Revising Authority without
submitting an appeal. If the Revising Authority to whom the revision
petition has been preferred is the Appellate Authority, the revision petition
should be submitted well before six months of the date of the order sought to
be revised. In so far as a petition for revision to the P&T
Board/President is concerned, though CCS [CCA] Rules 1965 do not lay down any
time limit, it would be advisable to prefer such petitions within six months
of the date of the order sought to be revised.
|
Review
of Suspension
|
Suspension
shall not be valid after 90 days unless it is extended after review before
the expiry of 90 days.
|
Under Consumer
Protection Act, 1986:
Actions
|
Time Limits
|
For
Filing Complaint in Consumer Forum
|
The
District Forum, the State Commission or the National Commission shall not
admit a complaint unless it is filed within 2 years from the date on which
the cause of action has arisen. However, a complaint may be entertained
after the period specified above if the complainant satisfies that the
District Forum, The State Commission of the National Commission, as the case
may be , that he had sufficient cause for not filing the complaint within
such period.
|
Enforcement
of the orders of Forum
|
When
the order is not implemented, District Forum, State Commission or National
Commission may order the attachment of the property of the person not
complying. However, no attachment shall remain in force for more than three
months at the end of which, if the non compliance continues, the property
attached may be sold and out of the proceeds thereof, the District Forum of
the State Commission or the National Commission may award such damages as it
things fit to the complainant and shall pay the balance if any to the party
entitled thereto.
|
Under Central
Administrative Tribunal Act:
Actions
|
Time Limits
|
Time
limit for filing an application before CAT
|
An
application has to be filed within 1 year from the date on which the initial
final order has been made. Where an appeal/representation has been
submitted in the matter and the authority competent to pass final order has
not passed the said order, application has to be filed after the expiry of a
period of six months from the submission such application/representation and
within one year from the date of expiry of the said period of six months.
Tribunal has power to admit an application in relaxation of the above
limitation, if sufficient cause is shown, supported by an affidavit, for not
making the application within the stipulated period.
|
Action
Judgment
|
The
order of the Tribunal is final and binding on both the parties. It
should be compiled with within the time-limit prescribed in the order or
within six months of the receipt of the order, if no time-limit is
prescribed. Failure to implement the order in time may give rise to
cause of action for initiating contempt proceedings.
|
Review
Provision
|
If
the applicant and/or the respondent are not satisfied with the judgment, it
is open to them to seek review of the judgment by filing a petition within 30
days of the communication of the order. Review petition would lie only
when there is a glaring omission, paten mistake or grave error. Once
the review petition is dismissed, there is no provision for further
review. The matter has to be agitated before Hon.Supreme Court, through Special
Leave Petition.
|
Jurisdiction of District
Consumer Forum, State Commission and National Commission:
District Forum
|
Where the value of goods or
services and compensation does not exceed Rs.20 Lakh.
|
State
Commission
|
Where
the value of goods or services and compensation is above Rs.20 Lakh, but
below Rs.1 Core.
|
National
Commission
|
Where
the value of goods or services and compensation is above Rs.1 Core
|
No comments:
Post a Comment