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Administrative Court Rules, 2051 (1995)

Date of publication: 2051/10/16 (Jan. 30, 1995) In exercise of the power conferred by Section 75 of the "Civil Service Act, 2049, (1993)" Government of Nepal has framed the following Rules. Preliminary 1. Short Title and Commencement: (1) These Rules may be called Administrative Court Rules, 2051. (2) These Rules shall come into force immediately. 2. Definition: Unless the subject or the context otherwise requires, in this Regulation, (a) (b) (c) Act means "Civil Service Act, 2049". Court means the court constituted pursuant to Rule 3. Member means a member of the Court and this expression also includes the chairperson. (d) 3. Registrar means the registrar of the court.

Formation of the Court: (1) An Administrative Court shall be constituted in the manner as follows: (a) A person designated or appointed by Government of Nepal from amongst the eligible persons referred to in Sub-section (1) of the Section 69 of the ActChairperson. (b) One person designated or appointed by Government of Nepal from amongst the officials who, having graduation in law, have been working in the post of at least gazetted first class in Nepal Judicial Service or among the persons who, having graduation in law, have at least ten years experience in the legal or judicial sector(c) Member.

One person designated or appointed by Government of Nepal from amongst the officials who, having graduation in any subject, have been working in the post

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of at

least

gazetted

first

class

in

the Nepal

Administrative Service or from amongst the persons who, having graduation in any subject, have at least ten years experience in the sector of public administrationMember (2) Term of office of Chairperson and Members appointed pursuant to Sub-rule (1) shall be five years and they may be re-appointed for the next term. 4. Remuneration, Facility and Terms and Condition for the Service of the Members: (1) Remuneration, facilities and terms and conditions for the chairperson and members shall be commensurate respectively with Chief Judge of the Court of Appeal and the judge of the same. (2) Notwithstanding anything contained in Sub-rule (1), if a judge of Court of Appeal is acting as chairperson and any official as member, they shall be given only the allowances as prescribed by Government of Nepal for the day of their bench meeting. 5. Exercise of Powers : (1) All the three members shall collectively exercise powers of the Court and the decision taken by majority shall be deemed to be the decision of the Court. (2) Notwithstanding anything contained in Sub-rule (1), cases may be initiated and decision may be taken if the chairperson and any of the members are present. And in the presence of two members except chairperson, cases may be initiated but no decision may be taken or final order may be made. (3) While making decision or passing final order on any case in presence of two members pursuant to Sub-rule (2), in case views of two members differ, the matter shall be submitted before the member who was absent at previous meeting and the view concurred by him/her shall be deemed to be the Courts decision. (4) In case the member previously absent also differs by which three members differ each other and there is no majority, proceeding shall be as decided by the chairperson but as to the decision the case shall be referred to the Supreme Court for sanction and what the supreme court issues shall be done accordingly.
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6.

Limitation and Date for Presence(Tarikh): (1) An employee dismissed from service by the competent authority as departmental action rendering him/her disqualified or not disqualified for government services in future pursuant to the Civil Service Act, 2049, may file an appeal in the court within thirty-five days from the date on which he/she received the order of departmental action or was served the notice of the same. Provided that, in case the date to file an appeal is expired due force majure the limitation may be extended for a maximum period of thirty days. (2) During the proceedings of appeal, the appellant may appear at the court on the date fixed by the court. Failure to appear on the date at the court shall not adversely affect the proceedings or decision on the appeal. The appellant who fails to appear at the court on the date shall be served notice regarding the decision taken on the appeal by the court.

7.

Format of Appeal : The appeal to be filed as per this Regulation should be in a format as prescribed in Schedule-1.

8.

General Procedure and Matters to be Mentioned in the Appeal: (1) While filing an appeal, the appellant shall have to complete the following procedures:(a) Appeal shall file in the appellants name and address shall be stated. (b) The reasons for not being satisfied with the order of departmental action and the matter of claims in shall be clearly stated. (c) (d) Appeal shall be written in polite language. Attested copy of the order against which the appeal has been filed shall be attached. (e) If a legal practitioner is appointed, his/her name and license number shall be mentioned. (f) Necessary court fee as prescribed by the prevailing law shall be submitted. (2) While filing an appeal, the appellant shall also clearly state the followings matters: (a) Name of the office whose decision is being challanged,
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(b) (c) (d) 9.

Name of the case, Date of the decision, The law under which the appeal has been filed.

Appeal Registration : (1) The court shall register the appeal which is duly made as per this Regulation If the limitaton for filing the appeal is found expired or other procedures are not being followed, the appeal shall be returned back stating the reason therefor. Provided that, in case the appeal so returned is duly proclaimed within seven days from the date of return, such appeal shall be registered. (2) An appeal may also be filed through the official or office who has issued the order of punishment. Such appeal, along with all the related documents, shall be forwarded to the court by the official or office within seven days from the date of receving the appeal received.

10.

Proceedings and Decision on Appeal: (1) Upon studying the appeal registered pursuant to Rule 9, if it is found that the aggrieved appellant is due to procedural error of the competent official or for any other reason, the court may issue a reasoned order to such official for further investigation. If such order is made, other investigation has to be carried out and findings thereof shall be forwarded to the court. (2) In course of proceedings of the appeal filed under this Regulation, the court may inquire the concerned party and may order to submit the related documents. Provided that, the authority imposing departmental punishment shall not be compelled to disclose the source of information with regard to the departmental action taken. (3) The court shall render the final decision on the appeal on the basis of the document produced and considering the rationale of the punishment and for this purpose the court may uphold or quash the decision or may remit the penalty or acquit the person. (4) Generally, the court shall render final decision on an appeal within six months from the date of filing of such appeal.

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11.

Appeal not to be Dismissed: Even in the event of the death of the appellant prior to final decision by the court on the appeal filed pursuant to this Rule, the court shall not dismiss the appeal rather it shall give final decision on it.

12.

Format of Judgment or Order: Judgments or order by the court shall be written in the format as mentioned in Schedule-2.

13.

Implementation of the Judgment: Government of Nepal shall implement the decision made by the court on the appeal filed pursuant to this Rule.

14.

Powers as per the Prevailing Law to be Exercised: IN the course of proceedings or deciding on the appeal filed pursuant to this Regulation, the court may exercise the powers relating to court procedures as provided by the prevailing laws in addition to the powers conferred by this Regulation.

15.

Duty, Function and Powers of Registrar: (1) Subject to regular control and direction of the chairperson, registrar shall have powers and duty to monitor and control the administrative affairs of the Court. All the personnel of the court shall be under the administrative control and supervision of the registrar. (2) In addition the functions and duty referred to in Sub-rule (1), the other functions and duties of the registrar shall be as follows: (a) (b) (c) To register petition, To register appeal, To register letters of appointment of the lawyer by appellants, (d) To cause to submit court fees as prescribed by prevailing Laws for registration of appeal, (e) To issue notices and cause to execute it and make necessary endorsement, (f) To regulate the date (Mayad and Tarikh) of the parties in case so expired and arrange for the date to appear before the court. (g) To cause to manage the running and already decided cases, (h) (i) To prepare annual reports, To make correspondence with regard to the proceedings as per the order of court,
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(j)

To provide copies of the documents of cases as per the existing laws. However, copies of any confidential documents attached to the case file shall not be provided.

(k)

To return the original document to the concerned party after copying it,

(l)

To manage the applications filed for inspection of the documents.

(3) The registrar may delegate some of his/her power to other subordinate official. 16. Order of the Court to be Obeyed : (1) It shall be the duty of all concerned to abide by the order or decision issued by the court. (2) The court may, having exercised powers similar to that of the appellate court, take action on contempt the court pursuant to the Administration of Justice Act, 2048 (1991) against any person who does not abide by the decision or order of the court. 17. 18. Seat of the Court: The court shall be located in Kathmandu. Repeal and Saving: (1) Administrative Court Rules, 2044 is, hereby, repealed. (2) The decisions made and works carried out under the Administrative Court Rules, 2044, shall be deemed to have been made or carried out under this Rules. (3) On matters referred to in this Rules, it shall be as per these Rules, and for others matters it shall be as per the prevailing laws.

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Schedule 1 (Relating to rule 7) Appeal submitted to The Administrative Court

Appeal No of the year. ..Appellant Against .. Defendant Case:. I/We, enclosing herewith necessary fees of Rsfor the appeal, file this appeal with the following details and making the following claims within. days for being dissatisfied with the order issued on the date. by the

office./official to take action. 1.. 2 3 4. The above mentioned description is true and correct if found false, I/we shall be liable as per laws. 5. (a) (b) (c) . Appellant Done on this .., the in day of the month of.. of the year . Documentary evidence enclosed

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Schedule 2 (Relating to rule 12) Administrative Court Bench

Decision / order made by Chairperson Member. Member.. Appeal No. .. of the year Case. appellant Versus ..respondent

In this case,.. (..) (..) (..)

Name Member Seal of the Court

Name Member

Name Chairperson

Done ..........day of the month of ........ of the year ....

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