Karnataka Administrative Tribunal (Caveat) Regulation, 1987 (Regulation 1 of 1987)

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 Here's a detailed summary of the Karnataka Administrative Tribunal (Caveat) Regulation, 1987, along with clear examples for each section:

Karnataka Administrative Tribunal (Caveat) Regulation, 1987 (Regulation 1 of 1987)

Purpose of the Regulation: To enable individuals or entities to lodge a caveat in cases before the Karnataka Administrative Tribunal (KSAT) to ensure they are notified and heard before interim relief is granted.

Detailed Summary with Sections and Practical Examples:

Section 1: Title and Commencement

Summary:
This Regulation is named the Karnataka Administrative Tribunal (Caveat) Regulation, 1987, and becomes effective from the date of publication in the Karnataka Gazette (10-06-1987).

Example:

  • The Regulation was published on 10-06-1987; hence, caveats lodged after this date follow these rules.

Section 3(i): Lodging of Caveat

Summary:
Any person expecting or aware of an application for interim relief before KSAT can lodge a caveat to ensure they have the opportunity to be heard before any interim order is passed.

Examples:

  1. A government department anticipates a suspended employee filing for interim reinstatement. The department lodges a caveat to ensure they’re heard first.
  2. An official expects a colleague to file a case challenging their recent promotion and thus files a caveat to protect their position.
  3. An employee fears a wrongful interim injunction against their transfer, so they lodge a caveat preemptively.
  4. A candidate awaiting appointment suspects another applicant might seek a stay order against the recruitment process, prompting a caveat.
  5. A public servant concerned about a premature interim order affecting their seniority files a caveat.

Section 3(ii): Notice of Caveat

Summary:
Once a caveat is lodged, the caveator must immediately notify the potential applicant by sending a registered post with acknowledgment due (RPAD).

Examples:

  1. After lodging a caveat, the caveator sends an RPAD notice to the employee who they suspect will challenge their appointment.
  2. A department lodging a caveat against an anticipated case by an employee sends the notice immediately via RPAD to the employee’s known address.
  3. An officer lodges a caveat regarding a pending disciplinary proceeding and promptly sends the notice by registered mail to the concerned subordinate.
  4. A caveator mails a registered notice to a rival candidate who might challenge a recent selection.
  5. A senior employee sends a registered notice to a junior staff member likely to challenge their promotion.

Section 3(iii): Tribunal’s Notice to Caveator

Summary:
If an interim application is subsequently filed, KSAT is required to notify the caveator about this application.

Examples:

  1. KSAT notifies the caveator department immediately when an employee files an interim application for reinstatement.
  2. KSAT issues a notice to the caveator as soon as a petitioner files a prayer for interim relief concerning a disputed promotion.
  3. The tribunal informs the caveator promptly when an interim application is submitted regarding a contested transfer order.
  4. KSAT notifies a caveator candidate when a rival applicant seeks an interim stay on recruitment.
  5. When a petitioner applies for interim relief to halt a departmental inquiry, KSAT sends an immediate notification to the department caveator.

Section 3(iv): Applicant’s Duty to Provide Documents

Summary:
Once notified of the caveat, the applicant must immediately supply the caveator, at the caveator's expense, with copies of the application and any supporting documents filed.

Examples:

  1. After receiving a caveat notice, the applicant provides a copy of the petition challenging a suspension order and supporting affidavits to the caveator department.
  2. An applicant challenging promotion procedures promptly sends the caveator copies of their filed documents.
  3. An employee who filed for interim relief regarding a transfer immediately provides the caveator with all supporting materials.
  4. A petitioner seeking an interim injunction against recruitment submits all relevant documents to the caveator candidate.
  5. A subordinate contesting a seniority list furnishes the caveator with documents upon filing an interim relief petition.

Section 3(v): Expiry of Caveat

Summary:
A caveat remains valid for 90 days from the date it was lodged, after which it automatically expires unless an interim application is filed within that period.

Examples:

  1. If a caveat is lodged on January 1st, it expires after March 31st unless an interim application is filed.
  2. A caveat filed anticipating a challenge to a disciplinary action expires after 90 days if no interim petition materializes.
  3. An officer’s caveat regarding a disputed promotion remains valid only for 90 days if no interim case is filed.
  4. A caveat concerning a possible interim stay on a transfer order automatically lapses after three months without action.
  5. A department's caveat filed in anticipation of a legal challenge expires if no interim relief petition is filed within the stipulated 90 days.

Section 4: Process Fee for Notices

Summary:
Fees for serving notices follow the procedures laid down in the Karnataka Administrative Tribunal (Procedure) Rules, 1986.

Example:

  • The caveator pays the prescribed fee as per the 1986 rules when requesting KSAT to issue notices concerning their caveat.

Section 5: Notice via Daily Cause List

Summary:
Apart from specific notices, caveators also receive notice through the daily cause list published by KSAT.

Example:

  • A caveator regularly checks KSAT’s daily cause list to monitor if any new interim applications related to their caveat have been filed.

This structured summary clearly explains each section of the KSAT Caveat Regulation, 1987, along with practical examples demonstrating their application.

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