Latest Posts


Wednesday, August 29, 2012

Prescribed Time Limits for filing Appeal/Petition/Complaint etc., under different Acts/Rules:

Under CCS (CCA) Rules

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:

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:

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
Courtesy : NFPE Aluva Division

No comments:

Post a Comment