RBE No. 35/1992: SLP (Special Leave Petition) – Procedure

No.E(D&A)92 RG6-18, dated 09.03.1992

Sub: Proposals for filling SLP against judgment of CAT Bench/ High court in disciplinary cases.

1. On receipt of proposals regarding grant of permission to file Special Leave Petition before Supreme Court against the judgments of various Benches of CAT/ High Court, cases are being processed for obtaining opinion of one of the learned Law Officer of the Ministry of Law. The opinions of the Law Offices as and when received are conveyed to the Railways for further action either to implement the judgment in question or to file a SLP if the case is found fit. In cases where SLPs are required to be filed, the Railways are invariably advised to take immediate steps to file SLP duly apprising this office about the date of filing SLP. It has come to note is that in some cases the Railways have not find SLPs with promptitude. Consequently the delay in such cases where were not condoned by the Supreme Court and the cases were the summarily dismissed without going into the merits of the cases.

2. It has also been noticed that Railways generally do not take prompt action in referring the proposals to Board’s Office for examination regarding feasibility of filing SLP against the judgment of CAT Bench. It is desired that immediate be taken in such cases and proposals sent Board’s Office along with one copy of each of (i) Original Application, (ii) Counter reply filed by Railway Administration, (iii) Impugned judgment of CAT/ High Court, (iv) Opinion of Law Officer of the Railway, (v) Remarks of the Railway on the points mentioned by CAT, (vi) Opinion of the Counsel who considered the case on the question of filing SLP indicating the grounds of appeal.

3. It is desired that proposals for filing SLP be referred to Board’s Office immediately on receipt of the judgment, enclosing copies of the documents mentioned in para 2 above. The period of limitation should also be mentioned. It is also desired that on receipt of advice from the Board, action to implement the judgment or to file SLP be taken expeditiously and a copy of SLP whenever filed be sent to this Office invariably indicating the date of filing.  

Download Railway Board Circular RBE No. 35/1992

Forward reference ⇒ RBE No.