Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976
No: 34 Dated: May, 07 1976
Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976
(Act No. 34 of 1976)
An Act to provide for the constitution of Appellate Tribunals for service matters and matters incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Twenty-Seventh Year of the Republic of India as follows: -
1. Short title and commencement. - (1) This Act may be called the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the subject or context otherwise requires,-
(a) "Civil Services" means the Civil Services of the State of Rajasthan and such other services as the State Government may notify in the Official Gazette from time to time, but shall not include-
(i) The members of the Rajasthan Higher Judicial Service and Rajasthan Judicial Service;
(ii) Employees of the High Court of Judicature for Rajasthan;
(iii) Employees of the Rajasthan Legislative Assembly Secretariat Staff; and
(iv) Employees of the Rajasthan Public Service Commission;
(b) "Government" means the State Government;
(c) "Government servant" means a person who is or has been a member of a Civil Service or who holds or has held a Civil post under the Government of Rajasthan and includes any such person on foreign service or whose services are temporarily placed at the disposal of a local or other authority and also any person in the service of a local or other authority whose services have been temporarily placed at the disposal of the State Government or a person in service on a contract or a person who has retired from the Government service elsewhere and is re-employed under the Government of Rajasthan, but does not include a person in the Civil Service of the Indian Union or a State Government serving on deputation in Rajasthan who will continue to be governed by the rules applicable to such person;
(d) "prescribed" means prescribed by this Act or Rules made under this Act;
(e) "Tribunal" means a Tribunal constituted under section 3 of this Act;
(f) "Service matter" means any one or more than one of the following matters relating to a Government servant:-
(i) Seniority;
(ii) Promotion;
(iii) Confirmation;
(iv) Fixation of pay;
(v) An order denying or varying pay, allowances, pension and other service conditions, to the disadvantage of a Government servant, otherwise than as a penalty;
(vi) Cases of reversion while officiating in a higher service, grade or post to lower service, grade or post otherwise than as a penalty;
(vii) Withholding the pension or denying the maximum pension otherwise than as the penalty;
(viii) Any other matter notified by the Government.
3. Constitution and Composition of Tribunals. - (1) The Government may, by notification in the Official Gazette, constitute from time to time, one or more Tribunals as it may consider necessary. Each of such Tribunals shall be called the Rajasthan Civil Services Appellate Tribunal.
(2) Each of the Tribunals shall consist of a Chairman who shall be an officer of super time scale of Indian Administrative Service and at least two other members, one of whom shall be a member of the Rajasthan Higher Judicial Service.
(3) The term of the Chairman and members of the Tribunal shall ordinarily be three years. The Governor may, however for special reason, recall the Chairman or any member of the Tribunal before the expiry of the period of three years.
4. Duties of the Tribunal. - (1) The Rajasthan Civil Services Appellate Tribunal shall hear an appeal against the order passed by any officer or authority on any service matter or matters affecting a Government servant in his personal capacity.
(2) The Tribunal shall have power to confirm, vary or reverse the order against which the appeal is preferred or to remand the matter for fresh decision in accordance with the directions given by it.
5. Procedure of Tribunal. - (1) Subject to any rules that may be made in this behalf, the Tribunal shall follow such procedure as it may think fit.
(2) At least two of the members of the Tribunal will hear and decide the matters before the Tribunal.
(3) The decision of the Tribunal shall be the decision of the majority of the members present and hearing the matter. Where such members are equally divided in their opinion, the. matter would be referred to the another member and decided by the Opinion of the majority of the members including such other members who heard it.