The Central Administrative Tribunal (CAT), a significant judicial establishment in India, held its annual All India Conference on February 16th, 2020, in New Delhi. Chaired by the Union Minister for Law and Justice, the meeting focused not just on central services matters but also signaled the increasing jurisdiction of CAT over disputes in the Union Territory of Jammu and Kashmir’s non-central services.
Origins and Constitutional basis
Established under Article 323 – A of the Constitution, CAT is responsible for resolving disputes and addressing complaints related to recruitment and conditions of service concerning the Union or other authorities under government control. The implementation of Article 323-A led Parliament to pass the Administrative Tribunals Act in 1985, empowering the Central Government to establish the Central Administrative Tribunal and the state administrative tribunals. This Act marked a new era in providing swift, affordable justice for public servants with grievances.
Benches across India
The Central Administrative Tribunal has expanded its presence across India, with a total of 17 Benches and 21 Circuit Benches. This geographical spread allows the tribunal to cater to a more extensive range of service personnel across the country.
Objective and Composition of CAT
The Central Administrative Tribunal, established in 1985, is unique due to its combination of Administrative Members and Judicial Members. With their specialized knowledge, they are well-equipped to deliver swift and effective justice. The tribunal is headed by a Chairman, who is a sitting or retired High Court Judge.
Operating Principles
The tribunal operates solely within its jurisdiction concerning the service matters outlined in the Administrative Tribunals Act, 1985. Natural justice principles guide the tribunal’s decision-making process, freeing it from being bound by the Civil Procedure Code. Section 17 of the Administrative Tribunal Act, 1985, equips the tribunal with the power to exercise its jurisdiction and authority in contempt cases, akin to a High Court.
Ensuring Independence
The Administrative Tribunals (Amendment) Act, 2006 ensures the independence of the Chairman and Members by equating their service conditions with those applicable to a High Court Judge. This independence is vital for the unhindered and unbiased execution of justice.
Appeals against Orders
Procedures are in place for challenging the orders of the Central Administrative Tribunal. A Writ Petition under Article 226/227 of the Constitution can be filed before the respective High Court within whose territorial jurisdiction the Tribunal Bench is situated. This step provides an avenue for disputing parties to seek further redress if they find the Tribunal’s decision unsatisfactory.
