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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:
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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.
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To ensure that the cases in Tribunals are
disposed of by either One-member or Two-member Bench.
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To lay down eligibility conditions for
appointment of Chairman, Vice Chairman and Members.
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To decide the maximum tenure of appointment
on these posts.
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To empower the Governor to remove, after a
proper inquiry, the Chairman, Vice Chairman or the Members before the
expiry of their due term.
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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.
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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.
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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.
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To empower the Tribunal to take cognizance
of contempt of its orders.
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To make provisions for implementation of the
decisions of the Tribunal.
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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. |