FREQUENTLY ASKED QUESTIONS ON ADMINISTRATIVE TRIBUNALS

| August 24, 2012 | Reply

FREQUENTLY ASKED QUESTIONS ON ADMINISTRATIVE TRIBUNALS

Q.1 What Is the objective behind setting up of Central Administrative Tribunal?

Ans. To provide in-expensive and speedy relief to Central Government Employees in respect of their grievances related to service matters.

Q.2 What are the jurisdiction of a Central Administrative Tribunal?

Ans. CAT adjudicates disputes 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 local authorities within the territory of India or under the control of Government of Incidental thereto and for matters connected therewith or incidental thereto.

Q.3 What are the qualifications for appointment as Chairman and other Members of the Tribunal? •

Ans. (1) 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.

(2) A person shall not be qualified for appointment,-

(a) as an Administrative Member, unless he has 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 po’st 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: • Provided that the officers belonging to 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;

(b) as a Judicial Member, unless he is or 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.

Q.5 Where are the benches of Central Administrative Tribunals located?

Ans. There are 17 Benches of the Tribunal, located throughout the country wherever the seat of a High Court is located, with 33 Division Benches. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranchi, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, Imphal, !tanager, Aizwal and Nainital.

Q.6 what are the limitations of admitting an application?

Ans. As per Section 21 of the Administrative Tribunal Act, 1985 :- (1) A Tribunal shall not admit an application,-

(a) In a case where a final order such as is mentioned in clause (a) of sub- (2) of section 20 has been made in connection with the grievance unless the application is made within one year from the date on which such final order has been made;

(b) In a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made within one year from the date of expiry of the said period of six months.

(2) Notwithstanding anything contained in sub-section (1), where —

(a) 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 mater to which such order relates; and

(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court,

the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b). of sub section (1) or within a period of six  months from the said date, whichever period expires later.

3. Notwithstanding anything contained in sub-section (1) or sub-section(2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.

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Category: CAT Judgements, DOPT, DOPT Circular 2012

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