Keyword(s):
Public Servant, Legal Representative, Chief Justice, Service Matter, Public Servant
Amendments appended: 1 of 1977, 2 of 1982, 13 of 1985, 6 of 1987, 7 of 1992, 5
of 2000, 12 of 2003
The Uttar Pradesh Public Services (Tribunal) Act, 1976 was legislated to establish Tribunals for arriving at judicial decisions in disputes regarding service and employment-related issues of public servants in the State. Five Tribunals established under this Act are working in the State. The establishment and working of these Tribunals was challenged through a writ petition in the High Court. The High Court issued a mandamus seeking changes in the establishment of these Tribunals. Against this, the petition favoured in the Supreme Court was decided with the relief that an early amendment was expected in the case.
After considering all aspects of the issue, it was decided that to for proper implementation of the Mandamus regarding the establishment of the Tribunals and to make them more effective, the Act be amended to ensure the following:
- In place of five Tribunals with two members each, constitute one Tribunal with one Chairman, one Vice-Chairman and at least five Judicial-Administrative Members.
- To ensure that the cases in Tribunals are disposed of by either One-member or Two-member Bench.
- To lay down eligibility conditions for appointment of Chairman, Vice Chairman and Members.
- To decide the maximum tenure of appointment on these posts.
- To empower the Governor to remove, after a proper inquiry, the Chairman, Vice Chairman or the Members before the expiry of their due term.
- To ensure that the work relating to establishment of Bench, transfer of cases and work distribution is done by the Chairman instead of the State Government.
- To ensure that in case the Competent Authority does not pass an interim order within one year on an appeal or application, then the appellant can give a written application to expect an order to be issued. If an order is not issued even one month after submission of the application, then it would be understood that the petitioner has taken recourse to departmental relief.
- To empower the State Government to decide that the Tribunal and its Benches and Members will sit at different places in Lucknow to dispose of their work.
- To empower the Tribunal to take cognizance of contempt of its orders.
- To make provisions for implementation of the decisions of the Tribunal.
- To empower the State Government to lay down the pay, allowances and service conditions of Officers and employees of the Tribunal.
1. Since the State Legislature was not in session and it was considered important to get the abovementioned decisions implemented with immediate effect, therefore, the Governor on October 28, 1991, promulgated an Ordinance, namely, Uttar Pradesh Public Service (Tribunal) (Amendment) Ordinance 1991 (Uttar Pradesh Ordinance No. 42 Year 1991).
2. This Bill is introduced again to replace the abovementioned Ordinance.
