What is Central Administrative Tribunal?

By Adv Rishabh Kumar

Edited by Bharti Verma, Associate Editor at Law Insider

Published on: October 15, 2023 at 16:37 IST

The Central Administrative Tribunal (CAT) is a vital institution for addressing administrative disputes in India. CAT is a statutory body vested with a wide range of jurisdictions aimed at fostering fairness and efficiency in governance.

The administrative Tribunal is bound to act judicially and follow the principles of Natural Justice. In this article, We will discuss the Jurisdiction, Composition and functions of Central administrative tribunal (CAT),

Central administrative tribunal

In 1985, the Central Administrative Tribunal (CAT) came into existence, established under Article 323A of the Indian Constitution, as sanctioned by the 42nd Constitutional Amendment.

The CAT derives its jurisdiction, powers, and authority exclusively from this constitutional provision. It’s important to note that Article 323A empowers the Parliament to establish such tribunals and not the State Legislatures.

Article 323B deals with the formation of other tribunals and allows for the creation of tribunals by both the Parliament and the State Legislatures. However, Article 323A is specific to tribunals dedicated to matters concerning public service.

Under Article 323A, the CAT is organized in a manner that only one service is established at the central level, and one for each state or two or more states, without any hierarchical structure among these tribunals.

The primary objective of the Central Administrative Tribunal is to adjudicate on issues related to the recruitment and conditions of service of individuals engaged in public service across the nation.

This role underscores its significance in upholding fairness and justice in the domain of government employment in India.

Types of administrative tribunals

The Administrative Tribunals Act of 1985 encompasses the establishment of three distinct categories of tribunals:

1. The Central Administrative Tribunal (CAT) is a pivotal institution that functions at the national level. It is responsible for adjudicating matters related to disputes and issues concerning the recruitment and conditions of service for personnel in the public sector across India.
2. State Administrative Tribunals (SATs) play a crucial role in addressing similar matters but operate at the state level. Each state can establish its own State Administrative Tribunal to cater to issues specific to their respective regions. These tribunals are set up in response to requests made by the states.
3. Joint Administrative Tribunals, a unique feature of this Act, are formed when two or more states collaboratively seek the establishment of a tribunal to deal with shared concerns in the realm of public service. This collaborative approach enhances efficiency and consistency in addressing recruitment and service-related disputes.

The Administrative Tribunals Act of 1985 is a significant piece of legislation that provides a structured framework for the resolution of public service matters through these specialized tribunals, catering to both national and regional needs.

Jurisdiction of Central Administrative tribunal

The Central Administrative Tribunal (CAT) is a pivotal institution in India’s legal framework, vested with a wide range of jurisdictions aimed at fostering fairness and efficiency in governance. Its purview extends to various aspects of civil service and personnel matters, ensuring that justice prevails in the realm of public administration. Here, we delve into the CAT’s extensive jurisdiction, both in its original and appellate capacities.

Original Jurisdiction:

The CAT exercises original jurisdiction in a spectrum of critical matters:

1. Recruitment and Appointment: It addresses disputes concerning the recruitment and appointment of personnel to civil services and posts under the Government of India. This includes issues related to selection, appointments, and the initial stages of an individual’s journey in the civil services.
2. Conduct and Discipline: Matters pertaining to the conduct and discipline of personnel appointed to civil services and posts under the Government of India fall within the CAT’s jurisdiction. This encompasses disciplinary actions, investigations, and the maintenance of decorum in public service.
3. Terms and Conditions of Service: The CAT also adjudicates on terms and conditions of service for individuals appointed to civil services and posts under the Government of India. This covers areas like service tenure, job benefits, and contractual agreements.
4. Any Other Service-Related Matter: The CAT is equipped to handle any other issue related to the service of personnel appointed to civil services and posts under the Government of India. Its jurisdiction is comprehensive, addressing diverse concerns within this realm.

Appellate Jurisdiction:

In addition to its original jurisdiction, the CAT also exercises appellate jurisdiction. It reviews and revises orders passed by authorities subordinate to the Central Government in specific matters. These matters relate to the service of individuals appointed to the following:

1. Civil Services and Posts Under the Government of India: The CAT can hear appeals and render decisions on disputes arising in this category, ensuring that justice is served.
2. Public Corporations Owned or Controlled by the Central Government: Cases involving public corporations owned or controlled by the Central Government come under the appellate jurisdiction of the CAT.
3. Local or Other Authorities Within the Territory of India or Under Central Government Control: The CAT’s appellate jurisdiction extends to issues concerning local authorities or entities operating under the purview of the Central Government.

Power to Issue Directions, Orders, and Writs:

The CAT possesses the authority to issue directions, orders, and writs. These include the significant types of writs, such as habeas corpus, mandamus, quo warranto, certiorari, and prohibition. This power reinforces the CAT’s ability to uphold justice and maintain the integrity of the administrative processes.

CAT’s role in resolving disputes of following Nature

CAT effectively addresses issues related to the recruitment and appointment of personnel, promoting transparency and fairness.

1. Hiring and Promotion:

The CAT acts as a guardian of fairness in the processes of hiring and promotion. It scrutinizes cases where government employees, whether serving the central government or government-controlled organizations, raise concerns regarding the selection procedures. From evaluating recruitment decisions to assessing the grounds for promotions, the CAT ensures that these crucial processes adhere to just and objective criteria.

2. Transfer and Seniority:

Transfers and seniority are essential aspects of an employee’s career. Disputes related to these matters often find their way to the CAT. The tribunal’s jurisdiction empowers it to assess the fairness of transfer orders and decisions concerning seniority. By doing so, it guarantees that these processes are carried out with integrity and in accordance with established norms.

3. Service Conditions:

The CAT is not limited to issues surrounding hiring and promotion. It extends its purview to service conditions, covering a wide array of concerns that government officials might encounter during their tenure. This includes addressing disciplinary actions, instances of suspension, termination, and the provisions for retirement benefits. The CAT ensures that service conditions are upheld in a just and reasonable manner.

4. Pay and Allowances:

Another significant area that falls within the CAT’s jurisdiction is pay and allowances. The tribunal intervenes when conflicts arise concerning salary scales, various allowances, and other financial benefits for employees of the central government. By examining these matters, the CAT helps guarantee equitable compensation and financial security for government officials.

5. Pension Matters:

Pension is a crucial element of an employee’s future financial security. The CAT provides a forum for addressing disputes related to pension grants, revisions, and any associated matters for retired central government employees. It ensures that the rights and entitlements of retired personnel are protected.

6. Discrimination and Harassment:

The CAT also plays a vital role in addressing cases of discrimination, harassment, and violations of the fundamental rights of government officials. By doing so, it helps create a workplace environment that is free from bias and conducive to the well-being and performance of employees.

7. Constitutional Issues:

With its authority to handle cases involving constitutional questions, the CAT ensures that violations of fundamental rights, as guaranteed by the Indian Constitution, are addressed. It upholds the principles of justice and equality, contributing to a more equitable public administration.

In a nutshell, the Central Administrative Tribunal (CAT) serves as a cornerstone of the Indian administrative and legal system. Its jurisdiction, spanning original and appellate areas, underscores its vital role in addressing disputes and ensuring justice in civil service and personnel matters. By doing so, the CAT contributes significantly to fostering transparency, efficiency, and fairness in the realm of governance, ultimately benefitting both the administration and the citizens it serves

For More specific information related to Jurisdiction of CAT click here

What is not covered under CAT Jurisdiction

Members of the defence forces, officers, Supreme Court staff, the Parliament’s secretarial staff are not covered under the CAT.

Composition of CAT

Each Tribunal shall consist of a Chairman and such number of Vice-Chairman and judicial and Administrative Members as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Bench.

CAT must have:

• Chairman: There would be a chairman who would be administrating the whole matters.
• Vice–Chairman: This would be the one who would be assisting the chairman.
• Judicial Minister: This would be having the qualifications similar to the judicial officer.
• Technical Expert: This would be looking into the areas related to the respective technical area.
• Administrative Members: This would help in the governance system.

Qualifications of Chairman:

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.

Qualification of Administrative Member

A person shall not be qualified for appointment, 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 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.

Qualification of Judicial Member

A person shall not be qualified for appointment, 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.

Functioning of the Central Administrative Tribunal (CAT)

The Central Administrative Tribunal (CAT) operates with a set of distinct functions and characteristics:

1. The CAT operates through a network of 17 Benches across the country, with an additional 21 Circuit Benches. This extensive presence ensures accessibility and convenience for individuals seeking recourse through the Tribunal.
2. The CAT serves as a forum for resolving disputes and grievances
3. The CAT possesses the authority to exercise jurisdiction and control over contempt of its proceedings, akin to the powers of a High Court. This grants the CAT the ability to maintain the sanctity of its processes and decisions.
4. Appeals challenging the orders issued by the CAT are subject to review in the respective High Courts. A direct appeal to the Supreme Court is not permissible, as established in the Chandra Kumar Case of 1997. This procedural hierarchy ensures that matters typically move from the CAT to the High Court, preserving a structured legal process.
5. The CAT Principal Bench focuses on addressing issues related to the Government of the National Capital Territory of Delhi, recognizing the unique administrative dynamics of the nation’s capital.
6. The Tribunal adheres to the principles of natural justice in its proceedings, ensuring that cases are decided fairly and impartially. It is not bound by the provisions of the Civil Procedure Code, offering flexibility in its approach to dispute resolution.
7. Employee compensation, salaries, and service conditions for CAT staff are determined by the central government. This centralized management ensures uniformity and standardization in the administration of the Tribunal.
8. Petitioners have the option to either represent themselves in person before the CAT or seek legal counsel from a qualified legal practitioner. This choice empowers individuals to pursue their cases as they see fit, whether through personal advocacy or professional legal assistance.

The CAT, with its nationwide presence and specialized jurisdiction, plays a vital role in the adjudication of disputes and matters concerning the recruitment and service conditions of personnel engaged in public service across India.

Conclusion

In conclusion, the Central Administrative Tribunal is a significant component of India’s administrative justice framework., it continues to provide a platform for individuals to seek redress for grievances related to their service in the public sector. As administrative matters continue to evolve and become more complex, the CAT’s role remains indispensable in ensuring that justice is accessible to all.