Central Administrative Tribunal act and General Rules with Important Points

 

Central Administrative Tribunal

An Act to provide for the adjudication or trial by Administrative Tribunals 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 of any State or of any local or other authority within the territory of India or under the control of the Government of India or of 1 [any corporation or society owned or controlled by the Government in pursuance of article 323A of the Constitution] and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:—

Sec.	Heading	Important Points
1	Short title, extent and commencement	27th Feb 1985
2	Act not to apply to certain persons	·     Any member of the naval, military or air forces or of any other armed forces of the Union; ·     Any officer or servant of the Supreme Court or of any High Court or courts subordinate thereto ·     Any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union territory having a Legislature, of that Legislature.
3	Definitions	·     “appropriate Government” means,— (i) in relation to the Central Administrative Tribunal or a Joint Administrative Tribunal, the Central Government; (ii) in relation to a State Administrative Tribunal, the State Government; ·     “Joint Administrative Tribunal” means an Administrative Tribunal for two or more States established under sub-section (3) of section 4; ·     “Member” means a Member (whether Judicial or Administrative) of a Tribunal, and includes the Chairman ·     “service matters”, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation [or society] owned or controlled by the Government, as respects— (i)      remuneration (including allowances), pension and other retirement benefits; (ii)    tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation; (iii)   leave of any kind; (iv)  disciplinary matters; or (v)    any other matter whatsoever;
4	Establishment of Administrative Tribunals	·     The Central Government may, on receipt of a request from any State Government, establish, by notification, an Administrative Tribunal for the State to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for the State by or under this Act. ·     When a tribunal is for more than two states it is known as Joint Administrative Tribunal (Expenses Shared)
5	Composition of Tribunals and Benches thereof	·     Each Tribunal shall consist of a Chairman and such number of Judicial and Administrative Members, as the appropriate Government may deem fit. ·     Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member. ·     Every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member ·     The Benches of the Central Administrative Tribunal shall ordinarily sit at New Delhi (which shall be known as the principal Bench), Allahabad, Calcutta, Madras, New Bombay.(Initially Given)
6	Qualifications for appointment as Chairman, Vice-Chairman and other members	·     A person shall not be qualified for appointment as the Chairman unless he is, or has been, a Judge of a High Court. Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years. ·     Administrative Member- Held for at least two years the post of Secretary to the Government of India or any other post under the Central or State Government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay which is not less than that of Additional Secretary to the Government of India at least for a period of five years ·     Judicial Member - Qualified to be a Judge of a High Court or he has for at least two years held the post of a Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held a post of Additional Secretary to the Government of India in the Department of Legal Affairs and Legislative Department at least for a period of five years. ·     Appointment of all members only after consultation with CJI by President and in case of SAT/JAT after consultation with the Governor of state concerned.   Note: Kindly see last page for amended Rules
7	Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances	·     Death, Resignation, Illness, unavailability etc
8	Term of office	·     Chairman – Five Years up to 68 Years ·     Member – Five Years, Extendable by Five Years up to 65 Years ·     Age of chairman amended to 70 Years and term of office is also amended to four years for both kindly check Tribunal, Appellate Tribunal and other authorities (Qualifications, Experience and Other Conditions service act 2020)
9	Resignation and removal	·     The Chairman, or other Member may, by notice in writing under his hand addressed to the President, resign his office but unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest ·     The Chairman, or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehavior or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman, or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges
10	Salaries and allowances and other terms and conditions of service of Chairman, and other Members	-
11	Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc	·         The Chairman of the Central Administrative Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State; ·         The Chairman of a State Administrative Tribunal or a Joint Administrative Tribunal shall, be eligible for appointment as the Chairman or any other Member of the Central Administrative Tribunal or as the Chairman of any other State Administrative Tribunal or Joint Administrative Tribunal, but not for any other employment either under the Government of India or under the Government of a State; ·         The Chairman or other Member shall not appear, act or plead before any Tribunal of which he was the Chairman or Member
12	Financial and administrative powers of the Chairman	-
13	Staff of the Tribunal	-
14	Jurisdiction, powers and authority of the Central Administrative Tribunal	·         The Central Administrative Tribunal shall exercise all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court 3) in relation to service matters. For the removal of doubts, it is hereby declared that references to “Union” in this sub-section shall be construed as including references also to a Union territory.
15	Jurisdiction, powers and authority of State Administrative Tribunals	·         The Central Administrative Tribunal shall exercise all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court 3) in relation to service matters under the state ·         For the removal of doubts, it is hereby declared that the jurisdiction, powers and authority of the Administrative Tribunal for a State shall not extend to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable
16	Jurisdiction, powers and authority of a Joint Administrative Tribunal	·         A Joint Administrative Tribunal for two or more States shall exercise all the jurisdiction, powers and authority exercisable by the Administrative Tribunals for such States
17	Power to punish for contempt	·         A Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have effect
18	Distribution of business amongst the Benches	·         If any question arises as to whether any matter falls within the purview of the business allocated to a Bench of a Tribunal, the decision of the Chairman thereon shall be final
19	Applications to tribunals	·         Every application fee if any, not exceeding one hundred rupees ·         Current fees Is Rs.50/- ·         Application must be in Form I and must be presented in triplicate
20	Applications not to be admitted unless other remedies exhausted	·      Application to be filed within 1 year of aggrieved order ·      After six months of representation and only after all remedies tried ·      For the purposes, any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be one of the remedies which are available unless the applicant had elected to submit such memorial.
21	Limitation	·         The grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates
22	Procedure and powers of Tribunals	·        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. ·        A Tribunal shall have, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908
23	Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers	·        Yes can be done
24	Conditions as to making of interim orders	·        Cannot be made unless opportunity is given to be heard and all documents are furnished to the party against whom orders are to be executed. ·        Provided that a Tribunal may dispense with the requirements make an interim order as an exceptional measure if it is satisfied, it is necessary so to do for preventing any loss being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order.
25	Power of Chairman to transfer cases from one Bench to another	-
26	Decision to be by majority	·        If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, ·        If there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Tribunal who have heard the case, including those who first heard it
27	Execution of orders of a Tribunal	-
28	Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the Constitution	-
29	Transfer of pending cases	-
29	Provision for filing of certain appeals	-
30	Proceedings before a Tribunal to be judicial proceedings	·         All proceedings before a Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).
31	Members and staff of Tribunal to be public servants	-
32	Protection of action taken in good faith	-
33	Act to have overriding effect	-
34	Power to remove difficulties	-
35	Power of the Central Government to make rules	-
36	Power of the appropriate Government to make rules	-
37	Laying of rules	-

 

Other Important Points

·         Total Benches 18 with 33 Divisions

·         Where the number of respondents is more than five, the Registrar may permit the applicant to file the extra copies of the application at the time of issue of notice to the respondents,

·         The language of the Tribunal shall be English: Provided that the parties to a proceeding before the Tribunal may file documents drawn up in Hindi, if they so desire: Provided further that (a) a Bench may, in its discretion permit the use of Hindi in the proceedings; (b) the Bench, hearing the matter may in its discretion direct English translation of pleadings and documents to be filed; (c ) the Benches may, in their discretion, make final orders either in Hindi or in English.

·         Where a final order is made in Hindi, and authenticated English translation thereof shall simultaneously be prepared and kept on record.

·         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.

·         Time allowed by the Registrar to rectify the defects shall not exceed thirty days

·         Application to be filed within 1 year of aggrieved order and after six months of representation and only after all remedies tried

·         Order must be complied with in given time or maximum six months where no time is given

·         CAT generally grants 90 Days to implements its order

·         Appeal to high court within 60 Days, Every appeal shall be heard by a bench of two judges of high court

·         Review application with thirty days BY THE SAME BENCH

·         In case of death legal REPRESENTATIVE within 90 DYS

·         Custodian or Record is Registrar

·         MA may be filed within 15 Days of Judgment

·          Committee for investigation of complaints. –

(1) If a written complaint, alleging any definite charges of misbehaviour or incapacity to perform the functions of the office in respect of a Member, is received by the Central Government, it shall make a preliminary scrutiny of such complaint.

(2) If, on preliminary scrutiny, the Central Government considers it necessary to investigate into the allegation, it shall place the complaint together with supporting material as may be available, before a Committee consisting of the following officers to investigate the charges of allegations made in the complaint : -

(i) Cabinet Secretary	- Chairman
(ii) Secretary, Ministry of Personnel, Public Grievances and Pensions	-  Member;
(iii) Secretary, Department of Legal Affairs, Ministry of Law, Justice and Company Affairs	-          Member

 

 

5.

Central Administrative Tribunal under the Administrative Tribunal Act, 1985 (13 of 1985).

(1) A person shall not be qualified for appointment as the Chairman, unless he, - (a) is, or has been, a Judge of a High Court; or (b) has, for a period of not less than three years, held office as Administrative Member or Judicial Member in the Central Administrative Tribunal; (2) A person shall not be qualified for appointment,- (a) as a Judicial Member, unless he,- (i) is, or has been, a Judge of a High Court; or (ii) has, for one year, held the post of Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member -Secretary, Law Commission of India; or (iii) has, for two years, held a post of Additional Secretary to the Government of India in the Department of Legal Affairs or Legislative Department; or (iv) has, for a combined period of ten years, been a District Judge and Additional District Judge. (b) as an Administrative Member, unless he, - (i) has, for one year, held the post of Secretary to the Government of India or any other post under the Central Government or a State Government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for one year; or (ii) has, for two years, held a post of Additional Secretary to the Government of India, or any other post under the Central or State Government carrying the scale of pay which is not less than that of Additional Secretary to the Government of India for a period of two years: Provided that the officers belonging to the All-India services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be , and the period spent on Central deputation after such date shall count for qualifying service for the purpose of this clause.

Search-cum-Selection Committee for the post of Chairman, Administrative Member and Judicial Member - (i) Chief Justice of India or Judge of the Supreme Court as nominated by him- chairperson; (ii)(a) in case of appointment of Chairman the Outgoing Chairman of the Central Administrative Tribunal - member; or (b) in case of appointment of Administrative Member and Judicial Member, the Chairman, Central Administrative Tribunal - member; (iii) Secretary to the Government of India, Ministry of Personal, Public Grievances and Pensions (Department of Personnel and Training) - member; (iv) Secretary to the Government of India, Ministry of Law and Justice, (Department of Legal Affairs) -member.