The Karnataka Administrative Tribunal (Review Applications) Regulation, 1994

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 Here is a detailed summary of the "Karnataka Administrative Tribunal (Review Applications) Regulation, 1994" with examples for each section:

1. Title and Commencement

  • Rule Summary: These regulations are titled "The Karnataka Administrative Tribunal (Review Applications) Regulation, 1994," and they come into force from the date of publication in the Karnataka Gazette. The provisions of Order XLVII of the Code of Civil Procedure apply to the review applications filed before the Karnataka Administrative Tribunal.
  • Example: A person seeking to challenge a Tribunal order can refer to these regulations, which are effective once published in the official Gazette.

2. Definition

  • Rule Summary: This section defines key terms such as “Tribunal” (Karnataka Administrative Tribunal), “Act” (Administrative Tribunals Act, 1985), and “Application” (applications filed under specific sections of the Act).
  • Example: A review application must be filed by someone who was a party to the case before the Tribunal, as per the definition of "Application."

3. Who May Apply for Review

  • Rule Summary: This section explains who can apply for a review of a Tribunal order. It includes parties aggrieved by the Tribunal's order, those who discover new evidence, or those affected by an error on the face of the record. Review applications cannot be made if a person has already sought an appeal in the Supreme Court on the same grounds.
  • Example: If new evidence comes to light after a decision, a person can file for review, provided they weren't previously denied by the Supreme Court.

4. Procedure for Hearing of Review Application

  • Rule Summary: A review application is typically heard by the same Bench that passed the original order, unless the Chairman directs otherwise. The decision is part of the original judgment and must be read together with it. No further review application can be entertained once a decision is made.
  • Example: If a Bench issued a ruling on a case, any review application will be heard by the same Bench unless there's a valid reason for change.

5. Limitation

  • Rule Summary: Review applications must be filed within 30 days from the receipt of the copy of the order being reviewed.
  • Example: A person has 30 days from receiving the order to file for a review application.

6. Scrutiny

  • Rule Summary: All review applications are scrutinized according to the practices outlined in Chapter III of the Rules of Practice, 1990.
  • Example: The application will go through a thorough check before being processed further.

7. Fees

  • Rule Summary: A fee of Rs. 20 is required to accompany the review application, as per the Karnataka Court Fees & Suits Valuation Act, 1958.
  • Example: To submit a review application, the applicant must pay Rs. 20 as a stamp fee.

8. Form

  • Rule Summary: Review applications must be filed in the prescribed Form No. I, appended to the regulations.
  • Example: When filing a review application, the petitioner must use the designated form.

9. Petition for Interim Order

  • Rule Summary: If a petitioner seeks permission to file a review application, or requests interim orders during the review, the petition must be filed in Form No. II.
  • Example: If someone wants an urgent order while the review is pending, they must file the petition in the specific form.

10. Enclosures to the Review Application

  • Rule Summary: The review application must be accompanied by two copies of the paper book, containing the review application, the Tribunal’s order, and other relevant documents, properly indexed and paginated.
  • Example: The application must include all supporting documents, including the original order that is being reviewed.

11. Service of Notice

  • Rule Summary: When a notice is issued for the review application, it must be served to the respondents as per the prescribed rules.
  • Example: If a notice is issued to the other party, they must receive a copy of the review application.

12. Dismissal for Default

  • Rule Summary: If the applicant or respondent is absent on the scheduled date, the Tribunal may adjourn the review or dismiss it for default. The Tribunal may also decide the case in absence of a party.
  • Example: If the applicant fails to appear on the hearing day, the Tribunal may dismiss the review application.

13. Restoration of Review Application

  • Rule Summary: If a review application is dismissed for default or decided “ex parte” (in the absence of the other party), it may be restored if sufficient cause is shown.
  • Example: If an applicant missed the hearing due to unforeseen circumstances, they can petition to restore the application within 30 days of the dismissal.

14. Application of Regulations

  • Rule Summary: These regulations also apply to any interim applications (I.A.) filed within a review application.
  • Example: If an applicant files for interim relief while the review is pending, the same regulations apply.

This summary provides a comprehensive overview of the regulation's contents, supported by practical examples for clarity.

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