8.  General:

(a)     Complaints may be made to the Commission in English or Hindi.  However, the Commission may entertain complaints in any other language included in the Eighth Schedule of the Constitution.

(b)    No fee shall be chargeable on such complaints.

(c)     The complaint shall disclose a complete picture of the matter leading to the complaint.

(d)    The Commission may seek further information / affidavit as may be considered necessary.

9.  Complaints not ordinarily entertainable:

                The commission may dismiss in limini complaints of the nature:

(i)      illegible;

(ii)     vague, anonymous or pseudonymous;

(iii)   trivial or frivolous;

(iv)   barred under section 36(1) of the Act;

(v)    barred under section 36(2) of the Act;

(vi)   allegation is not against any public servant;

(vii) the issue raised relates to civil dispute, such as property rights, contractual obligations and the like;

(viii)      the issue raised relates to service matters;

(ix)    the issue raised relates to labor / industrial disputes;

(x)     allegations do not make out any specific violation of human rights;

(xi)    matter is sub judice before a Court / Tribunal;

(xii)  matter is covered by a judicial verdict / decision of the Commission;

(xiii) the matter is outside the purview of the Commission on any ground.

10.  Receipt and distribution of dak:

(a) All communications in writing (by whatsoever mode they are received) addressed to the Commission, its Chairperson, Members or other officers of the Commission, either by name or designation, shall be received at the Receipt Counter of the Commission.

Notes:    1.  Those communication which are addressed by name to the Chairperson, members and other officers of the Commission shall be entered in separate Peon Books and delivered forthwith under acknowledgement.

                2.  Unless otherwise directed, communications received by the Chairperson, members and other officers of the Commission, when marked to the Law Division, shall be dealt with in accordance with the procedure provided in this chapter.

(b) The Dak shall be opened under the direct supervision of the Section Officer in-charge of the Receipt and Dispatch Section, who shall get the same sorted out section-wise, diarised in a register containing particulars such as, date of receipt, diary number, sender’s name and State and transmitted under acknowledgement to the concerned sections in the Law Division and to the respective heads of other Divisions.  Separate transmission registers shall be maintained for each section in the Law Division and each of the other Divisions.

Note:      Copies of the orders issued from time to time regarding distribution of work among the Divisions and allocation of work among the various sections in the Law Division shall be furnished to the Section Officer In-Charge of Receipt and Dispatch Section to facilitate proper distribution of the Dak.

11.  Sorting of complaints etc.:

(a)     Immediately on receipt of the Dak, the Section Officer in-charge of each section in the Law Division shall sort out the fresh complaints and place them forthwith for scrutiny before the respective Assistant Registrar(s) who are put in-charge of the respective sections in that Division in accordance with the special or general order of allocation as may be made by the Registrar.

(b)     Complaints and other communications requiring urgent attention shall, however, be placed forthwith before the Registrar who shall give such directions as may be necessary.

(c)     All other communications relating to this section shall be processed and appropriately dealt with.

(d)     All complaints and other communications which are not in English and which are required to be placed before the Commission shall be got translated into English with utmost expedition.

Provided that only the gist of the complaints shall be prepared in English if the complaint is not entertainable or is of an urgent nature, requiring immediate attention.

12.  Scrutiny of complaints:

(a)     On completion of scrutiny of each complaint, the Assistant Registrar shall fill up Form No. 1 in cases of complaints which are prima facie entertainable and fill up Form No. 2 if the complaint is prima facie not entertainable for any of the reasons mentioned in Regulation 9.  He shall then send the complaint with the scrutiny report appended thereto, to the section concerned for registration.

(b)     If, however, the petition/communication is found to be not a complaint falling under section 12 (a) of the Act, but relates to any other clause in Section 12, the same shall be placed forthwith before the Registrar, who shall cause it to be transmitted under acknowledgement to the Secretary-General, who shall place it with a brief note before the full Commission as early as possible.

13.  Classification:

Subject-wise classification of the complaints shall be made as per the list annexed to these regulations as Appendix 1.  Having regard to the subject matter of the complaints received, the list in Appendix 1 may be modified or new entries added thereto from time to time as per the directions of the Chairperson.

14.  Registration:

(a)     A common register shall be maintained in the Law Division for entering in serial order the case number with State Code and year of registration, the corresponding diary number and the State to which the incident relates in respect of each complaint to be registered.  Immediately on completion of the scrutiny, entry shall be made in the common register and the case number assigned to the complaint along with State Code shall be entered at the top right-hand corner of the complaint in red ink and also in the space provided in the Scrutiny Report.

(b)     File covers shall be got printed as in Form No. 3.  Records relating to each complaint shall be kept in a separate file cover arranging them chronologically in the following order:

(i)             Index in Form No. 4

(ii)           Order Sheet in Form No. 5

(iii)          Scrutiny Report in Form No. 1/ Form No. 2, as the case may be

(iv)         Complaint with annexes if any.

(v)           …………………..

(vi)         …………………..

(c) The case file shall then be transmitted forthwith to the officer in-charge of the listing section for placing the matter before the Commission.

15.  Time limit for placing complaints before the Commission:

All complaints newly registered shall be placed before the Commission for preliminary consideration as expeditiously as possible but not later than seven days from the date of its receipt.

Provided that complaints which require urgent consideration shall be placed before the Commission, as far as possible, within 24 hours of its receipt.

16.  Constitution of Bench(s):

(a)     Subject to such special or general orders of the Chairperson, all complaints shall be initially dealt with by a Single Bench of the Commission.  If the Single Bench dealing with the case, having regard to the importance of the issues involved, is of the opinion that the case should be considered by a Division Bench/Full Bench, he/she may refer the case to a Division Bench/Full Bench.  On receipt of such reference, the case shall be assigned to the Division Bench/Full Bench constituted for the purpose.  However, the Chairperson may, having regard to the importance of the matter, place the case before a larger Bench.

(b)     When the case is referred to a Double Bench/Full Bench, the Section Officer concerned shall get prepared the requisite number of copies of the case file for the use of all the Members of the Bench.

17.  Preparation of Cause List:

The Cause List shall be prepared categorizing cases under the following heads:

                  *(i)  Re: Entertainability;

   (ii)  For admission;

**(iii) For directions (briefly indicate below the case number, nature of direction sought);

                  (iv)  For disposal;

                   (v)  Compliance Report Cases; and

                  (vi)  Review Application.         

Note:      *1.     Complaints which are prima facie not entertainable shall be placed in a separate bundle with the cause-list under this head.

                ** 2.  Cases “For Directions” shall include, inter alia, the following where:

(i)             information / report has not been received within the time specified; or

(ii)           only interim report / some information is received; or

(iii)          report / information has not been received from all authorities; or

(iv)         direction for issue of summons for production of document / to adduce evidence is required to be issued; or

(v)           application seeking interim direction such as clubbing of similar matters, extension of time, intervention by third party, etc. is received; or / and

(vi)         all other matters of interlocutory nature.

18.  Placing of case files:

(a)     The number of cases to be included in the cause-list to be placed before each Bench(s) per day shall be fixed according to the directions that may be given by the Chairperson from time to time.

(b)     The case files in respect of the cases shown in the cause-list shall ordinarily be placed two days in advance before the Bench(s) along with a copy of the cause-list.

19.  Presenting Officer to assist the Members:

(a)     Each Member shall be assisted by a Presenting Officer.  When the Member takes up for consideration the cases assigned to him/her for final disposal, it shall be the duty of the Presenting Officer to study and present the cases and render such other assistance as may be required, for consideration and disposal of the cases.

(b)     If, however, the Commission sits in D.B./F.B. such Bench shall be assisted by the Presenting Officer(s) attached to the Members constituting the Bench as may be directed by that Bench.

20.   Court Master to function as Court Officer:

When the Member(s) hold sittings in Court Hall, the Court Master assigned by the Registrar shall discharge such functions as are normally performed by Court Officers in the Supreme Court / High Courts and also discharge such other functions as may be assigned to him by the Chairperson.

21.    Preliminary consideration, Issue of notice, etc.:

(a)     If on consideration of the complaint the Commission dismisses the complaint in limini, the said order shall be communicated to the complainant in Form No. 6 and the case shall be treated as closed.

(b)     If on consideration of the complaint or suo muto the Commission admits/take cognizance and directs issue of notice to any authority calling upon it to furnish information/report, a notice in Form No. 7 shall be issued, enclosing a copy of the complaint thereto. Such notice shall be signed by the Assistant Registrar.

(c)     If no time is fixed by the Commission for the return of notice / furnishing of information / report, the time shall be 30 days from the date of service of the notice.

(d)     If, however, the Commission issues any other direction or order, action shall forthwith be taken accordingly.

(e)     If the reports / information is not received from the concerned authority within the given time, or received late or not complete in all respects, the case shall be placed before the Commission for further direction.

(f)      Intimation of the order referred to in Clauses (b) and (d) shall be given to the complainant forthwith.

22.  Recording of Orders/ Proceeding:

(a)     Ordinarily, orders of the Commission shall be recorded in the Order Sheet; provided that the orders which are lengthy shall be recorded on separate sheets and appended to the order sheet.  The P.S. / P.A. attached to the Member concerned shall make entry in the relevant column of the Order Sheet mentioning the page numbers and the date of the order.  The order shall then be fed into the COMMONS PROGRAMME.

(b)     In cases where urgent action is required to be taken pursuant to the order/proceeding issued by the Commission, the P.S. / P.A. concerned shall forthwith send the file to the Registrar / Joint  Registrar who shall give suitable instructions in regard to the mode of communication by telephone / fax / speed post / telegram, etc. and transmit the records to the concerned section for taking further action.

23.  State-wise Information Register:

A register in Form No. 8 shall be maintained for each State and the relevant information entered in the respective columns therein as and when the information becomes available.

24.  Preparation of Synopsis:

(a)     On receipt of the information / report called for, a detailed note in the form of a synopsis shall be prepared or caused to be prepared by the Joint Registrar/ Deputy Registrar / Presenting Officer in Form No. 9 whereupon the case shall be treated as ready for being placed before the Commission for final disposal.

(b)     When the Commission, upon consideration of the information / report finally disposes of the case without any recommendation, the case shall be treated as closed.

25.  Summons:

(a)  Whenever the Commission directs to summon:

(i)      the complainant or any other person on his behalf to afford him a personal hearing;

(ii)     any other person who, in the opinion of the commission, should be heard for appropriate disposal of the matter before it;

(iii)   any person to cause production of records required by the Commission;

(iv)   any person to be examined as witness;

(v)    any person whose conduct is inquired into by it; or

(vi)   any person whose reputation, in opinion of the Commission, is likely to be prejudicially affected;

a summon indicating the purpose of summoning such person shall be issued in Form No. 10.

(b) The case in which summons has been issued for personal appearance of a person, shall be placed before the Commission on the date shown in the summons for such personal appearance.

 26.  Calling for investigation report:

(a)     Whenever the Commission orders investigation to be undertaken by its Investigation Division or any other investigating agency of the Central / State Government as provided in section 14 of the Act, a copy of such order along with copies of the papers relevant thereto shall be furnished forthwith to such division / agency calling upon it to conduct the investigation and submit its reports within the time specified in the order and if no time is specified, within two weeks from the date of the order.

(b)     If no such report is received within the time given, the matter shall be placed before the Commission forthwith for further directions.

27.  Communication of Recommendations:

When the Commission, upon consideration of the inquiry report, makes any recommendation, a copy of the inquiry report along with a copy of the recommendation shall be sent with utmost expedition, not later than seven days from the date of such recommendation, to the concerned government or authority calling upon it to furnish its comments on the report including the action taken or proposed to be taken, within a period of one month or such further time as the Commission may allow.

28.  Steps after calling for Comments:

(a)     If comments are received within the time allowed, the case shall be placed before the Commission forthwith for further direction;

(b)     If comments are received, the case shall be placed before the Commission with a brief note containing the following information regarding:

(i)      acceptance of the recommendation in full or in part;

(ii)     the action, if any, taken or proposed to be taken by the concerned government / authority;

(iii)   the reasons, if any, given for not accepting the recommendations; and

(iv)   the action that may be taken pursuant to the comments received;

(c)     On consideration of the comments received and the note referred to in clause (b), the Commission may pass such order as it deems proper.

29.  Incorporation of other documents received:

(a)     Whenever any document is received in the Commission relating to the complaint registered, the same shall be incorporated in the chronological order in the concerned case file, duly paginated.  Appropriate entries shall be made in the order sheet and in the index.

(b)     Data relating to each case as required to be provided in the register in Form No. 8 and also information relating to intermediary stages shall be fed into the computer at every stage as when the information becomes available.

30.  Publication:

When the Commission passes order after inquiry under Section 17 or after consideration of the report referred to in Section 19(1)(a) of the Act, the Registrar shall cause to:

(a)     prepare a list of such cases, furnishing particulars such as case number, name of the complainant, name of the government / authority concerned and the date of the final order.  A note shall be put below the list to the effect that copy of the inquiry report, etc.  referred to in sub-section (6) of Section 18 or sub-section (3) of Section 19 of the Act are available for perusal in the Library of the Commission.

(b)     publish the list so prepared on the Notice Board of the Commission on the first working day of every month.

(c)     make available simultaneously to the Library of the Commission two sets of the documents referred to in sub-section (6) of section 18 and sub-section (3) of Section 19 of the Act, as the case may be, and the further order, if any, passed by the Commission in each case.

(d)     send simultaneously free of cost a copy each of:

(i)      the documents referred to in clause (c) to the complainant or his representative; and

(ii)     the order referred to in regulation 27 to concerned government / authority.

31.  Mode of Communication:

Unless otherwise directed, all communications from the Commission shall be sent by ordinary post.      

32.  Review:

(a)     No party shall have a right to seek review of the order / proceedings of the Commission.

(b)     However, if any application seeking modification / review of the order or proceedings passed by the Commission is received, the same shall as far as possible be placed before the same Bench which made the order along with the case file and a brief note on the points made out in such application and the same shall be disposed of by such order as may be deemed proper.

33.  Consignment of records:  

Records of all cases finally disposed of shall be transmitted to the Records Section in the Law Division after completing the entries in the register in Form No. 8 with regard to each case.

34.  Period of retention of record:  

(a)     Unless otherwise ordered by special or general orders of the Chairperson, the entire records of disposed of complaints shall be destroyed after the expiry of a period of two years from the date of final disposal.

(b)     However, the register in Form No. 8 which contains detailed information regarding each complaint registered state-wise shall be retained permanently.

35.  Destruction of records:

(a)     The officer in-charge of the Record Section shall identify the cases, the records of which are ripe for destruction and ensure that appropriate entries are made in the register in Form No. 8 regarding the date of destruction.  A list of such cases shall be maintained in a separate book in the record section.

(b)     Original documents produced by a party shall be returned to him if a request thereof is received in the Commission before the due date of destruction.

(c)     Destruction of the records shall be undertaken in the month of July every year.

(d)     The officer in-charge of Record-Section shall cause to destroy the records subject to such general or special order/direction that may be given by the register regarding the manner of destruction.

36.  Procedure regarding Suo Motu Action:

The procedure contained in this Chapter shall be mutatis mutandis apply suo motu action taken by the Commission.

37.  Preparation of statements:

The Registrar shall cause to prepare such weekly, monthly, quarterly, half yearly or yearly statements / returns / reports in such form(s) as may be prescribed by the Commission form time to time.

38.  Periodical review of allocation of work: