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Committee on Disputes between Govt. and PSUs � Proforma for forwarding
proposals revised
Circular
No. 515 dated 18th February 2000
As
you are aware clearance of the High Power Committee in the cabinet Secretariat
is required to be obtained by Public Sector Undertaking for pursuing litigation
in respect of dispute between Government Department and other PSUs.
Reference
is invited in this regard to Board�s F.No. 390/140/93-JC (Cir. No.
27/27/94-CX.dt.2.3.94 and 390/257/96-JC dt. 19.11.96 wherein instructions were
issued requiring the Commissioners to forward self-contained proposals in the
prescribed proforma to Member (L&J) enclosing copies of relevant documents
viz. Order-in-Original, Order- in-Appeal, Memorandum of Appeal etc; immediately
after filing of appeal for obtaining the clearance of the committee.
The
Cabinet Secretariat has now revised the proforma for forwarding the proposals to
the High Power Committee. A copy of letter C. No. 1/126/6-M/99-LC dt. 4.1.2000
issued in this connection is enclosed herewith. Henceforth Commissioners may
forward proposals in the revised proforma with all relevant enclosures such as
O-in-O, O-in-A, Memorandum of Appeal etc. (12sets) to Member (L&J)
immediately after filing of the appeal, for obtaining the clearance from the
High Power Committee. As such proposals are required to be sent within one month
of filing the appeal etc; Commissioners are requested to ensure that all such
proposals are forwarded to Member (L&J) within one weak of filing the
appeal. It may please be noted that this instruction would apply to Reference
Application cases also, as communicated in Board�s F.No. 390/17/99-JC (PF)
dt.3.3.99.
Copy
of Cabinet Secretariat Letter No.126/6-M/1999-LC dt. 4.1.2000
With
proformaOffice Memorandum
Regarding
proforma for making a reference to the High Power Committee (Committee on
Disputes) set up in pursuance of the Orders of the Hon�ble Supreme Court dated
11.10.91-matter
The
undersigned is directed to refer to this Secretariat O.M.No.53/3/10/94 �Cab
(LC) dt. 24th January 1994 and 21st March�95 indicating,
inter-alia, the procedure for making reference to the Committee on Dispute and
to say that henceforth, the reference to the Committee may please be made in the
revised proforma as annexed. A reference not conforming to the prescribed
proforma is liable to be returned for necessary modification/ correction.
Further, the reference to the Committee should have the approval of the
Secretary, if the appellant is Ministry/ Department of Government of India and
of the Chief Executive Officer, if the appellant is Public Sector Undertaking of
the Central Government.
Annexure
toO.M. No. 1/126/1-M/1999-LC dt.
4.1.2000
Proforma
for making Reference to the High Power Committee set up in the Cabinet
Secretariat in Pursuance of the order of the Hon. Supreme Court dated 11.10.91
for Authorising Public Sector Undertaking/Ministries to Initiate/ Pursue
Litigation in Court/Tribunal
Parties
to the dispute
(a)
Name of the Court/Tribunal where the appeal is to be filed/is pending.
(b)
Subject matter of the dispute (not exceeding 25 words):
(c)
Amount involved:
3.
(a)
(i)
Number and date of the order-appealed/ to be appealed against.:
(ii)
Name of the quasi-judicial authority, which passedthe
order:
(iii)
the order-appealed against in brief (copy of the order also to be
enclosed).
(b)
any other documents referred to in support of the claim, need not be
annexed. However, it may be produced in the meeting
of the Committee.
(c)
in the event of the reference being of deferred cases, it should reflect
the reason for deferment, the action taken in pursuant to
the direction of the Committee and justification for resubmission of the matter
for the consideration of the Committee.
4.
(a)
Date on which, the reference is made to the Committee and the relevant
documents, sent to the respondent i.e. CBEC/ CBDT/ anyother
party to the dispute.
(b)
Is the reference submitted within one month of filing appeal in the: yes/
no Court/ Tribunal (refer to Supreme Court order dt. 7.1.94)
(c)
If No, the reasons thereof
5.
Background of the dispute (not exceeding one page)-it shall include the
question of fact or of law involved in the dispute with brief description of the
issues involved.
6.
The reference has the approval of Secretary/CE
7.
Any other issue considered relevant to the case.
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