Supreme Court Rules 2013 - Order XLIII | Order 43

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 


Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले


Supreme Court Rules 2013: 

Order XLIII


Reference Made By The President Under Article 317(1) Of The Constitution Or Any Statute, Or By Governor Under Any Statute


1. On receipt by the Registrar of reference from the President under article 317(1) of the Constitution or any Statute or from Governor under any statute, referring to the Court, grounds for inquiry, it shall be registered in the Register maintained for the purpose and numbered as ''Reference No......... of 20...............under.................. [Article 317(1) of the Constitution/Section and Name of the Act under which the reference is made].

2. As soon as the reference is registered and numbered, the Registrar shall give notice to the person sought to be removed from the concerned office and to the Attorney-General for India, or the Advocate-General of the particular State or to such person as the statute under which the reference is made, so provides, to appear before the Court on a day specified in the notice to take the directions of the Court in the matter of the inquiry. A copy of the charges preferred against him alongwith the documents relied upon, shall be furnished to the respondent along with the notice.

3. The Court may devise its own procedure for hearing of the reference.

4. The Court may summon such witnesses as it considers necessary.

5. After the hearing of the reference the Registrar shall transmit to the President or the Governor, as the case may be, the Report of the Court.

6. No Court-fees or process fees shall be payable in connection with any reference dealt with by the Court under this Order.



Supreme Court Rules 1966: 

ORDER XLIII

NOTICE OF PROCEEDINGS TO THE ATTORNEY-GENERAL FOR

INDIA OR ADVOCATE-GENERAL OF STATES

1. The Court may direct notice of any proceedings to be given to the AttorneyGeneral for India or to the Advocate-General of any State, and the Attorney-General

116

THE SUPREME COURT RULES, 1966

for India, or the Advocate-General to whom such notice is given may appear and

take such part in the proceedings as he may be advised.

2. The Attorney-General for India or the Advocate-General of any State may

apply to be heard in any proceedings before the Court, and the Court may, if in its

opinion the justice of the case so requires, permit the Attorney-General for India or

the Advocate-General so applying to appear and be heard, subject to such terms

as to costs or otherwise as the Court may think fit.

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