Railways Issue Revised Circular For Empanelment Of Advocates In Lower Judiciary & Tribunals, ASGI/DSGI To Be Consulted
|The Ministry of Railways in consultation with the Ministry of Law and Justice has reviewed the Railway Board’s letter dated December 28, 2022, relating to the procedure for empanelment of Railway Advocates for the purpose of the Central Administrative Tribunals, Railway Claim Tribunals, District Courts, sub-ordinate Courts, and other statutory bodies and has decided to revise the procedure for the same.
Seven years of experience (not specified as experience in handling cases of Railways) before the concerned forum is now required and the Assistant Solicitor General or the Deputy Solicitor General is required to be consulted while finalizing names for the CAT or the Railways Claim Tribunal.
It is also mentioned that physical verification of the offices, library or the sitting place of the Advocate will be done while finalizing.
• For Central Administrative Tribunal and Railway Claim Tribunals, the applications shall be invited by the zonal railways from the advocates possessing requisite qualifications and experience via online mode in a specific proforma. The applications shall be scrutinized based on independent enquiry and the same will be shortlisted in consultation with Legal Advisor of Railways and the final list shall be uploaded on the official website. Further, the interview board shall conduct the interview/personal interaction of the advocates and finalize their result in consultation with ASG/DSGI or their nominees and the same will be approved by the Railway Board.
• For District Courts, Sub-ordinate Courts, and other Statutory Bodies, the procedure is the same as aforesaid except, in case of interview/personal interaction of the advocates, there is no requirement to consult the ASG/DSGI.
• The Zonal Railways shall recommend at least one-and-a-half-time number of the advocates as required to be empanelled for approval of the Railway Board as finalized by the interview boards and there shall be a separate panel for junior and senior advocates.
• The approved list of advocates shall be uploaded on the website of the concerned Zonal Railway.
Performance Review:
The performance of the panel advocates/counsels shall be reviewed by the Legal Advisor (Railways) in respect of CAT, RCT, and by GM(Law) in respect of District & Subordinate courts on yearly basis.
Equal Allocation of Cases:
The Head of Legal Cell/Division of the concerned Zonal Railways may ensure that cases are distributed to advocates equal in number.
Fee:
The fee of the advocates shall be paid/sanctioned by the competent Authority as per the fee structure prescribed by the Judicial Section, Ministry of Law & Justice, DOLA from time to time.
Period, Termination, Resignation, and Expiry of Term:
1. The advocates shall be empanelled for three years which may further be extended to two years on a yearly basis subject to the performance of the advocates as recommended by the Zonal Office and approved by the Railway Board.
2. The counsels may resign by assigning any reason and giving notice of a minimum period of three months.
3. The name of an advocate may be removed from the panel based on the performance review or in the public interest.
4. In respect of any clarification, the decision of the Legal Advisor (Railways) shall be final.
Educational Qualification: LL.B. and enrolment certificate of practice issued by the BAR Council.
Experience: 7 years experience in the forum for which application is made. It does not specify that the experience should be in handling cases of Railways.
How to Apply: Candidates may apply by filling out the prescribed application form attached to the notification.