The Central Administration Tribunal (CAT)
“The Central Administration Tribunal which was established for redressal of grievances and complaints by or against central government employees, nowadays is exercising its powers as an independent judicial authority.” Explain
The first Administrative Reform Commission (ARC::1966-70) recommended the setting up of civil service tribunals to function as appellate authority. The call was again given by J.C. Shah committe for establishment of an administrative tribunal to adjudicate on service matters. An administrative tribunal act as quasi-judiciary body for settling issues or disputes.
The Central Administrative Tribunal (CAT) was established through 42nd constitutional amendment act in 1976 under Part XIV-A of the constitution. In order to discharge the justice in fast and fair manner the tribunals came into existence.
- CAT adjudicates the disputes with respective to recruitment and conditions of service of persons appointed to public services.
- CAT also has jurisdictions on the employees of public sector undertaking/ organisations notified by the government.
- CAT is not bound by the procedural logjams and a person making an application to a tribunal may either appear in person or take assistance of a legal practitioner.
CAT composition:
- CAT is a multi-member body consisting of a Chairman and members.
- By amendment of Administrative Tribunal Act, 1985 in 2006, the members have given the status of Judges of High court.
- In 2013, the sanctioned strength of the chairman is one and members is 65. They are taken from judiciary and administrative streams. They are appointed by the President.
Independent Judicial Authority
- The Delhi High Court has ruled that the Central Administrative Tribunal (CAT) can exercise the same jurisdiction and powers as a High Court in respect of its contempt proceedings.
- CAT has original jurisdications in relation to recruitment and actively interven against the politically motivated transfer of officials.
- CAT is not bound by the procedure laid down in the Code of Civil Procedure, 1908 and guided by the principles of natural justice. The appeals against the orders of a tribunal could be made in High Court. Thus there is judiciary oversight for checking any bias and assures its autonomy.
- The CAT took strong objection to an order of Delhi High Court for directing it to swiftly decide a matter that was orginally pending the tribunal. As the time passing the CAT became more assertive in discharging its duties as an independent judicial authority. This was even recognised by judiciary.
CAT initially came to reduce the burden on Indian courts and to provide justice in fast manner. Over the time the decisions of the tribunals are only challenged before the Supreme Court by special leave petition. However, after Chandra kumar case the orders of CAT are challenged by writ petition before respective highcourts. Thus, not entirely CAT can work as independent judiciary authority.
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