Order XLIV - Reference made by the central Government / Statutory
Tribunal under statutes : Supreme Court Rules 2013
How to deal with Reference made by the central Government /
Statutory Tribunal under statutes? Order XLIV of Supreme Court Rules 2013
Order XLIV of Supreme Court Rules 2013 : "Reference made by the
central Government / Statutory Tribunal under statutes"
1. A reference under the provisions of any Act enabling
making of such reference by the Central Government/ Statutory
Tribunal to the Court shall be forwarded to the Registrar of the
2. The reference shall contain inter alia all the relevant
facts of the case, definite charges against the person sought to
be removed from the concerned office by virtue of the enabling
provision for the removal and the statement of grounds on which
each such charge is based.
3. The Central Government/Statutory Tribunal shall along with
the reference transmit seven copies thereof and eight copies of
transcript in English of the documents relating to the grounds
on which the removal of the person is sought, one of which shall
be duly authenticated.
4. On receipt of such reference, it shall be registered in
the Register maintained for the purpose and numbered as
"Reference No...... of 20..... under...................... (Section and Name of the Act under
which the reference is made). No Court-fee shall be payable on
5. (1) As soon as the reference is registered and numbered,
the Registrar shall give notice to the person sought to be
removed calling upon him within four weeks from the date of
service of notice on him to put in a written statement of his
defence together with seven copies thereof and to state whether
he desires to be heard in person. A copy of the documents
mentioned in rules 2 and 3 shall be enclosed with the notice.
(2) Notice stating the date fixed for filing written
statement by the person sought to be removed snail be given to
the Attorney-General for India and the Central
6. (1) After the written statement is received from the
person sought to be removed or if no such written statement is
received within the time allowed, the Court shall fix a date for
(2) If the person sought to be removed does not appear on the
date fixed for inquiry, the Court may proceed with the inquiry
in his absence.
(3) At the inquiry, the oral and documentary evidence as the
case may be in support of the grounds on which the removal
of the person is sought, shall be recorded. The oral evidence
may be recorded on affidavits and/or on Commission, if the Court
so directs. The person sought to be removed shall be entitled to
cross-examine the witnesses.
(4) The evidence for the defence shall then be recorded and
the witnesses examined who shall be liable to cross examination
by the prosecution.
(5) The provisions relating to hearing of the suits under the
rules, shall, as far as may be, apply to the recording of
7. The person sought to be removed shall have a right to be
8. Every witness who is summoned to give evidence or to
produce a document or thing before the Court shall be paid
traveling and daily allowances at such rates as the Court may
9. (1) After the close of the inquiry, the Court shall make
an order at once or on such other day as may be fixed by it.
(2) The Court may pass such orders as to costs as it
may deem proper.
10. After the order of the Court has been announced, the
Registrar shall send a copy thereof to the Central
11. Save as otherwise provided by the rules contained in this
Order, the provisions of these rules shall, so far as may be,
apply to reference dealt with under this Order.
12. Notwithstanding anything contained in these rules, the
Court may devise any other procedure of its own to hear and
decide the reference.