CAT (Central Administrative Tribunal)

Central Administrative Tribunal

5 Chapter, 37 Section

act.pdf (cgat.gov.in)

The Central Administrative Tribunal had been established under Article 323-A of the Constitution for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government. In the statement of object and reasons on the introduction of the Administrative Tribunals Act, 1985 it was mentioned:

"It is expected that the setting up of such Administrative Tribunals to deal exclusively with service matters would go a long way in not only reducing the burden of the various Courts and thereby giving them more time to deal with other cases expeditiously but would also provide to the persons covered by the Administrative Tribunals speedy relief in respect of their grievances."

There are 19 Benches and 19 Circuit Benches in the Central Administrative Tribunal all over India. The Government of India has notified 215 organizations including Ministries and Departments of Central Government, under section 14 (2) of the Administrative Tribunals Act, 1985 to bring them within the jurisdiction of the Central Administrative Tribunal, from time to time. In addition the Central Administrative Tribunal, Principal Bench is dealing with the matters of Govt. of National Capital Territory of Delhi.

The Central Administrative Tribunal is headed by Hon'ble Chairman Sh. Justice Ranjit Vasantrao More, retired Chief Justice, Meghalaya High Court. There are 69 Hon'ble Members in various Benches of the Tribunal out of which 34 are Judicial Members and 35 are Administrative Members. Subject to other provisions of the Act, a Bench consists of one Judicial Member and one Administrative Member. The Central Administrative Tribunal has been established as a specialist body comprising of Administrative Members and Judicial Members who by virtue of their specialized knowledge are better equipped to dispense speedy and effective justice.

After the establishment of the Tribunal in 1.11.1985, it received 13,350 pending cases on transfer from the High Courts and subordinate Courts under section 29 of the Administrative Tribunal Act, 1985. Since its inception in 1985, up to 30th June, 2022, about 8,82,085 cases were instituted in the Tribunal. Out of those, 8,04,272 cases have already been disposed of. That is a disposal rate of 91.18%. The Administrative Tribunal is distinguishable from the ordinary courts with regard to its jurisdiction and procedure. It exercises jurisdiction only in relation to the service matters of the parties covered by the Act. 

It is also free from the shackles of many of the technicalities of the ordinary Courts. The procedural simplicity of the Act can be appreciated from the fact that an aggrieved government employee can also appear personally before the Tribunal. An Original Application can be filed by remitting a nominal fee of Rs. 50/- before the Tribunal. A provision has also been made in the Rules that where the Tribunal is satisfied that an applicant is unable to pay the prescribed fee on ground of indigence, it may exempt such an applicant from the payment of fee. Thus, the Tribunal has duly justified its creation through speedy and inexpensive disposal of pending cases. The Tribunal is guided by the principles of natural justice in deciding cases and is not bound by the procedure, prescribed by the Civil Procedure Code. The Central Administrative Tribunal is empowered to frame its own rules of procedure and practice. Under the said provision of the Act, the Central Administrative Tribunal (Procedure) Rules, 1987 and Central Administrative Tribunal Rules of Practice, 1993 have been notified to ensure smooth functioning if the Tribunal. Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.

Initially the decision of the Tribunal could be challenged before Hon'ble Supreme Court by filing Special Leave Petition. However, after the Supreme Court's decision in L. Chandra Kumar's case, the orders of Central Administrative Tribunal are now being challenged by way of Writ Petition under Article 226/227 of the Constitution before respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated. The employees of the Central Administrative Tribunal are required to discharge their duties under the general superintendence of the Chairman. Salaries and Allowances and Conditions of Service of the officers and other employees of the Tribunal are specified by the Central Government. Pursuant to these provisions, the Central Government has notified the Central Administrative Tribunal Staff (Condition of Service) Rules, 1985. There are 1373 posts classified in 35 categories for assisting the Tribunal in discharging its functions. The Central Administrative Tribunal is a dynamic organization with increasing jurisdiction, responsibilities and work load. 

Now the Central Administrative Tribunal has initiated an ambitious Plan Scheme for modernization and computerization of its activities through a new dynamic website, Case Information System, Video Conferencing etc. This project, on completion, will facilitate the litigants, lawyers, researchers and public in general to access the orders and judgments of the Tribunal on real time basis besides efficient maintenance & management of records and speedy disposal of cases.

Section 1.  Short title, extent and commencement. Section 2.  Act not to apply to certain persons. Section 3.  Definitions. Section 4.  Establishment of Administrative Tribunals. Section 5.  Composition of Tribunals and Benches thereof. Section 6.  Qualifications for appointment as Chairman, Vice-Chairman and other Members. Section 7.  Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances. Section 8.  Term of office. Section 9.  Resignation and removal. Section 10.  Salaries and allowances and other terms and conditions of service of Chairman, and other Members. Section 10A.  Saving terms and conditions of service of Vice-Chairman. Section 10B. Qualifications, terms and conditions of service of Chairman and Member. Section 11.  Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc. Section 12.  Financial and administrative powers of the Chairman. Section 13.  Staff of the Tribunal. Section 14.  Jurisdiction, powers and authority of the Central Administrative Tribunal. Section 15.  Jurisdiction, powers and authority of State Administrative Tribunals. Section 16.  Jurisdiction, powers and authority of a Joint Administrative Tribunal. Section 17.  Power to punish for contempt. Section 18.  Distribution of business amongst the Benches. Section 19.  Applications to tribunals. Section 20.  Applications not to be admitted unless other remedies exhausted. Section 21.  Limitation. Section 22.  Procedure and powers of Tribunals. Section 23.  Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers. Section 24.  Conditions as to making of interim orders. Section 25.  Power of Chairman to transfer cases from one Bench to another. Section 26.  Decision to be by majority. Section 27.  Execution of orders of a Tribunal. Section 28.  Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the Constitution. Section 29.  Transfer of pending cases. Section 29A.  Provision for filing of certain appeals. Section 30.  Proceedings before a Tribunal to be judicial proceedings. Section 31.  Members and staff of Tribunal to be public servants. Section 32.  Protection of action taken in good faith. Section 33.  Act to have overriding effect. Section 34.  Power to remove difficulties. Section 35.  Power of the Central Government to make rules. Section 36.  Power of the appropriate Government to make rules. Section 36A.  Power to make rules retrospectively. Section 37.  Laying of rules.

The Administrative Tribunals Act, 1985

CHAPTER I

• PRELIMINARY

CHAPTER II

• ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF

CHAPTER III

• JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS

CHAPTER IV

• PROCEDURE

CHAPTER V

• MISCELLANEOUS

Branches of Central Administrative Tribunal-

Serial No.	Bench				Jurisdiction of the Bench
1	Principal Bench(New Delhi)				National Capital Territory of Delhi
2	Ahmedabad Bench				State of Gujarat
3	Allahabad Bench				I. State of Uttar Pradesh excluding the Districts mentioned against Serial Number 4 under the jurisdiction of Lucknow Bench. II. State of Uttaranchal
4	Lucknow Bench				Districts of Lucknow, Hardoi, Kheri, Rai Bareli, Sitapur, Unnao, Faizabad, Ambedkar Nagar, Baharaich, Shravasti, Barabanki, Gonda, Balrampur, Pratapgarh, Sultanpur in the state of Uttar Pradesh.
5	Bangalore Bench				State of Karnataka
6	Calcutta Bench				I. State of Sikkim II. State of West Bangal III. Union Territory of Andaman and Nicobar Islands
7	Chandigarh Bench				I. State of Jammu and Kashmir II. State of Haryana III. State of Himachal Pradesh IV. State of Punjab V. Union Territory of Chandigarh
8	Cuttack Bench				State of Orissa
9	Ernakulam Bench				I. State of Kerala II. Union Territory of Lakshadweep
10	Guwahati Bench				I. State of Assam II. State of Manipur III. State of Meghalaya IV. State of Nagaland V. State of Tripura VI. State of Arunachal Pradesh VII. State of Mizoram
11	Hyderabad Bench				State of Andhra Pradesh
12	Jabalpur Bench				I. State of Madhya Pradesh II. State of Chattisgarh
13	Jodhpur Bench				State of Rajasthan excluding the Districts mentioned against Number 14 under the jurisdiction of Jaipur Bench
14	Jaipur Bench				District of Ajmer, Alwar, Baran, Bharatpur, Bundi, Dausa, Dholpur, Jaipur, Jhalawar, Jhunjhunu, Kota, Sawai Madhopur, Sikar, Tonk and Karauli in the state of Rajasthan
15	Chennai Bench				I. State of Tamil Nadu II. Union Territory of Pondicherry
16	Mumbai Bench				I. State of Maharashtra II. State of Goa III. Union Territory of Dadra and Nagar Haveli IV. Union Territory of Daman and Diu
17	Patna Bench				I. State of Bihar II. State Jharkhand
18	Jammu Bench				I. District of Doda,Jammu,Kathua,Kishtwar,Poonch,Rajouri,Ramban,Reasi,Samba,Udhampur in Union Territory of Jammu and Kashmir II. Leh District in Union Territory of Laddak
19	Srinagar Bench				I. District of Anantnag,Bandipora,Baramulla,Budgam,Ganderbal,Kulgam,Kupwara,Pulwama,Shopiam,Srinagar in Union Territory of Jammu and Kashmir II. Kargil District in Union Territory of Laddak

The Central Administrative Tribunal initiated a special drive for the disposal of cases of the most vulnerable section.

 

Details

·         The Central Administrative Tribunal initiated an exceptional drive across all the 19 Benches of the Tribunal for disposal of cases of the most vulnerable section of applicants like the senior citizens/pensioners.

·         The initiative was announced to celebrate ‘Azadi ka Amrit Mahotsav’, from the 18th to the 22nd of April.

 

AboutTribunals                                                                                                                                                                             The original Constitution did not contain provisions with respect to tribunals.

·         The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution. This part is entitled ‘Tribunals’ and consists of only two Articles;

o    Article 323 A: Dealing with administrative tribunals.

o    Article 323 B: Dealing with tribunals for other matters.

·         Administrative Tribunals: Article 323 A empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Center, the states, local bodies, public corporations and other public authorities.

o    Under Article 323 A, the Parliament passed the Administrative Tribunals Act in 1985.

o    The act authorizes the Central government to establish Central Administrative Tribunal (CAT) and the State Administrative Tribunals (SAT).

·         Central Administrative Tribunal (CAT): The CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it. Its jurisdiction extends to the all-India services, the Central civil services, civil posts under the Center and civilian employees of defense services.

·         State Administrative Tribunals (SAT): The Administrative Tribunals Act of 1985 empowers the Central government to establish the State Administrative Tribunals (SATs) at the specific request of the concerned state governments.

o    The SATs exercise original jurisdiction in relation to recruitment and all service matters of state government employees.

·         Tribunals function as a parallel mechanism to the traditional court system.

·         Tribunals were established for two main reasons:

o    Allowing for specialized subject knowledge in disputes on technical matters.

o    Reducing the burden on the court system.

·         The Finance Act, of 2017 reorganized the Indian tribunal system to ensure uniformity in their administration by merging certain tribunals based on the similarity in their functional domain.

·         The 2017 Act also empowered the central government to make Rules to provide for the qualifications, appointments, term of office, salaries and allowances, removal, and other conditions of service for chairpersons and members of these tribunals.

·         The Tribunals Reforms Act 2021 abolishes nine existing appellate bodies and transfers their functions mainly to high courts.

·         The 2021 Act also amends the Finance Act, of 2017, to bring certain provisions (such as qualifications, appointments, term of office, salaries and allowances of tribunal members) under the purview of the 2021 Act.

 

Key points of Tribunal Reforms Act 2021

·         The Act dissolved certain existing appellate bodies and transferred their functions (such as adjudication of appeals) to other existing judicial bodies.

·         Provisions on the composition of selection committees and terms of office have been included in the Act.

·         Qualification of members and other terms and conditions of service will be notified by the central government.

·         The Chairperson and Members of the Tribunals will be appointed by the central government on the recommendation of a Search-cum-Selection Committee. The Committee will consist of:

o    The Chief Justice of India, or a Supreme Court Judge nominated by him, as the Chairperson (with casting vote).

o    2 Secretaries nominated by the central government.

o    The sitting or outgoing Chairperson, a retired Supreme Court Judge, or a retired Chief Justice of a High Court.

o    The Secretary of the Ministry under which the Tribunal is constituted (with no voting right).

·         State administrative tribunals will have separate search-cum-selection committees. These Committees will consist of:

o    The Chief Justice of the High Court of the concerned state, as the Chairman (with a casting vote).

o    The Chief Secretary of the state government and the Chairman of the Public Service Commission of the concerned state.

o    The sitting or outgoing Chairperson, or a retired High Court Judge.

o    The Secretary or Principal Secretary of the state’s general administrative department (with no voting right).

o    The central government must decide on the recommendations of selection committees preferably within three months from the date of the recommendation.

·        The Act provides for a 4-year term of office (subject to the upper age limit of 70 years for the Chairperson, and 67 years for members). Further, it specifies a minimum age requirement of 50 years for the appointment of a chairperson or a member.

 

Concerns

·         The existence of a large number of vacancies for Members and Chairpersons and the delay caused in filling them up has resulted in the weakening of the tribunals.

·         The dissolution of certain tribunals and appellate bodies and the transfer of their functions to High Courts can be criticized on the grounds that Indian courts are already overburdened with their existing caseload.

 

https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1818458