administrative court rules

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www.lawcommission.gov.np

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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)" Governmentof Nepal has framed the following Rules.Preliminary

1. Short Title and Commencement: (1) These Rules may be calledAdministrative 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) Act means "Civil Service Act, 2049".(b) Court means the court constituted pursuant to Rule 3.(c) Member means a member of the Court and this

expression also includes the chairperson.

(d) Registrar means the registrar of the court.3. Formation of the Court: (1) An Administrative Court shall be constituted in

the manner as follows:

(a) A person designated or appointed by Government ofNepal from amongst the eligible persons referred to in

Sub-section (1) of the Section 69 of the Act-

Chairperson.

(b) One person designated or appointed by Government ofNepal 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- Member.

(c) One person designated or appointed by Government ofNepal from amongst the officials who, having

graduation in any subject, have been working in the post


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6. Limitation and Date for Presence(Tarikh): (1) An employee dismissed fromservice 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

majurethe 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 ina format as prescribed in Schedule-1.

8. General Procedure and Matters to be Mentioned in the Appeal: (1) Whilefiling an appeal, the appellant shall have to complete the following

procedures:-

(a) Appeal shall file in the appellants name and addressshall be stated.

(b) The reasons for not being satisfied with the order ofdepartmental action and the matter of claims in shall be

clearly stated.

(c) Appeal shall be written in polite language.(d) 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 andlicense number shall be mentioned.

(f) Necessary court fee as prescribed by the prevailing lawshall 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) Name of the case,(c) Date of the decision,(d) The law under which the appeal has been filed.

9. Appeal Registration: (1) The court shall register the appeal which is dulymade 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 soreturned 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 appealregistered 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 thedepartmental 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 appellantprior 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 bewritten in the format as mentioned in Schedule-2.

13. Implementation of the Judgment: Government of Nepal shall implement thedecision 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 ofproceedings 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 anddirection 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) To register petition,(b) To register appeal,(c) To register letters of appointment of the lawyer by

appellants,

(d) To cause to submit court fees as prescribed byprevailing Laws for registration of appeal,

(e) To issue notices and cause to execute it and makenecessary endorsement,

(f) To regulate the date (Mayad and Tarikh) of the partiesin case so expired and arrange for the date to appear

before the court.

(g) To cause to manage the running and already decidedcases,

(h) To prepare annual reports,(i) 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 theexisting 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 partyafter copying it,

(l) To manage the applications filed for inspection of thedocuments.

(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 toabide 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. Seat of the Court: The court shall be located in Kathmandu.18. 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. Documentary evidence enclosed

(a)

(b)

(c)

.

Appellant

Done on this .., the in day of the month of.. of the year .


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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 Name Name

Member Member Chairperson

Seal of the Court

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

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