The Gujarat Civil Services Tribunal Act, 1972

1. (1) This Act may be called the Gujarat Civil Services Tribunal Act, 1972.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force at once.

1. (1) For the purposes of this Act, the State Government shall, by notification in the Official Gazette, constitute a Tribunal to be called the Gujarat Civil Services Tribunal.
2. (2) The Tribunal shall consist of a President and such number of other members as the State Government may think fit to appoint.
3. (3) A person shall not be qualified for appointment as a member of the Tribunal unless he—
   • (a) is or has been a District Judge, or
   • (b) holds or has held an office not lower in rank than that of a Deputy Secretary to the State Government.
4. (4) The President shall be a person who is, or has been, a judge of a High Court or a person who has held for a period of not less than three years the office of a District Judge.

1. (1) The term of office and the conditions of service of the President and other members of the Tribunal shall be such as may be prescribed by rules made under this Act.
2. (2) The President or any other member may, by writing under his hand addressed to the State Government, resign his office.
3. (3) The State Government may remove from office the President or any other member who—
   • (a) is adjudged an insolvent; or
   • (b) engages during his term of office in any paid employment outside the duties of his office; or
   • (c) is in the opinion of the State Government unfit to continue in office by reason of infirmity of body or mind; or
   • (d) has been convicted of an offence which in the opinion of the State Government involves moral turpitude.

Resignation of members.—(1) The President or any other member may, by notice in writing under his hand addressed to the State Government, resign his office:

Provided that the President or any other member shall, unless he is permitted by the State Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

1. (2) The President or any other member may be removed from his office by the State Government if he—
   • (a) is adjudged an insolvent; or
   • (b) engages during his term of office in any paid employment outside the duties of his office; or
   • (c) is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body; or
   • (d) is convicted and sentenced to imprisonment for any offence which in the opinion of the State Government involves moral turpitude.

Removal of members:

1. (1) The State Government may, by order, remove from office any member who—
   • (a) is adjudged an insolvent; or
   • (b) is engaged during his term of office in any paid employment outside the duties of his office; or
   • (c) is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body; or
   • (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or
   • (e) has so abused his position as to render his continuance in office prejudicial to the public interest; or
   • (f) is convicted of an offence involving moral turpitude.
2. (2) Notwithstanding anything contained in sub-section (1), no member shall be removed from his office on the ground of specified matter mentioned in clause (d),
   • (e) or
   • (f) of that sub-section, unless an inquiry has been held by a person appointed by the State Government, being a person who is or has been a Judge of a High Court or has held the office of a District Judge for not less than five years, and such person has reported that the member ought on such ground to be removed.

Filling of casual vacancies. —

1. (1) If any vacancy arises in the office of the President or a member of the Tribunal, the State Government shall, as soon as may be, take steps to fill such vacancy.
2. (2) A person appointed to fill a vacancy arising under sub-section
3. (1) shall hold office for the remainder of the term of his predecessor.

Staff of Tribunal. —

1. (1) The State Government shall make available to the Tribunal such officers and other employees as may be necessary for the efficient performance of the functions of the Tribunal under this Act.
2. (2) The salaries and allowances and other conditions of service of the officers and other employees referred to in sub-section
3. (1) shall be such as may be prescribed.

Jurisdiction of Tribunal.-

1. (1) The Tribunal shall have jurisdiction to entertain and decide appeals against any order passed by any authority in the State of Gujarat in the nature of punishment, in respect of any person serving in connection with the affairs of the State of Gujarat or under a Panchayat in any civil service or in any civil post under the State or such Panchayat, and which is a non-Gazetted post.
2. (2) Notwithstanding anything contained in any law for the time being in force, no civil court shall have jurisdiction to entertain or decide any matter to which the jurisdiction of the Tribunal extends under sub-section (1), or any other matter which is required to be or which may be brought before the Tribunal for adjudication under the provisions of this Act.

Powers of Tribunal.-

1. (1) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), while trying a suit, in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of documents;
   • (c) receiving evidence on affidavits;
   • (d) issuing commissions for the examination of witnesses or documents;
   • (e) such other matters as may be prescribed.
2. (2) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (XLV of 1860).
3. (3) The Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (V of 1898).

1. (1) The Tribunal shall, for the purpose of deciding any appeal or application before it, have all the powers of a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of documents;
   • (c) receiving evidence on affidavits;
   • (d) issuing commissions for the examination of witnesses or documents;
   • (e) such other matters as may be prescribed.
2. (2) The Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1898.
3. (3) The Tribunal shall, subject to the provisions of this Act, have power to regulate its own procedure, including the fixing of places and times of its sittings.

No civil court shall have jurisdiction to entertain or decide any question or to deal with any matter in respect of which the Tribunal is empowered by or under this Act to entertain, decide or deal with, or to pass any order in relation to such matter.

Decision of Tribunal to be final.

Power to make rules Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the manner in which and the period within which appeals shall be preferred under section 9;
   • (b) the procedure to be followed by the Tribunal in deciding appeals;
   • (c) any other matter which is to be or may be prescribed by rules.
3. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
4. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.