Central Administrative Tribunal

About Central Administrative Tribunal:

• 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.
• The Administrative Tribunals Act in 1985 enacted by the Parliament authorizes the central government to establish Central Administrative Tribunal and the State Administrative Tribunals.
• There are 17 Benches and 21 Circuit Benches in the Central Administrative Tribunal all over India.
• The Administrative Tribunal is distinguishable from the ordinary courts with regard to its jurisdiction and procedure.

Jurisdiction:

• It exercises jurisdiction only in relation to the service matters of the parties covered by the Act.
• CAT exercises jurisdiction over all service matters concerning the following:
  • A member of any All-India Service
  • A person appointed to any civil service of the Union or any civil post under the Union
  • A civilian appointed to any defence services or a post connected with defence
• However, the members of the defence forces, officers, staff of the Supreme Court and the secretarial staff of the Parliament are NOT covered under the jurisdiction of CAT.

Procedure:

• 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 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.

Composition:

• The CAT comprises of a chairman, vice- chairman and other members who are appointed by the President.
• The membership of CAT is filled by members from judicial and administrative fields.
• The term of the service is 5 years or until the age of 65 years for chairman and vice- chairmen and 62 years for members, whichever is earlier.
• The chairman, vice-chairman or any other member may address his resignation to the President in between his term of office.

PRACTICE QUESTION

Consider the following statements regarding Central Administrative Tribunal

1. It guided by the principles of natural justice in deciding cases

2. Members of the tribunal are appointed by the Prime Minister

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer