Question

Assertion (A): The Central Administrative Tribunal (CAT) is not bound by the Civil Procedure Code of 1908.

Reason (R): The CAT follows the principles of natural justice in its proceedings.

• A. Both A and R are true, and R is the correct explanation of A.
• B. A is true, but R is false.
• C. A is false, but R is true.
• D. Both A and R are false.

Answer 1

Answer:

A. Both A and R are true, and R is the correct explanation of A.

Central Administrative Tribunal (CAT) and its Procedural Independence

• Statutory Basis: The Central Administrative Tribunal (CAT) was established under the Administrative Tribunals Act, 1985.
• Procedural Flexibility: Unlike regular civil courts, the CAT is not strictly bound by the procedural technicalities of the Civil Procedure Code, 1908, or the Indian Evidence Act, 1872.
• Focus on Substantive Justice: This procedural flexibility allows the CAT to focus on achieving substantive justice efficiently and expeditiously.
• Principles of Natural Justice: The CAT is mandated to follow the principles of natural justice, which include the right to be heard, the rule against bias, and decisions based on evidence. These principles ensure fairness in proceedings.
• Supervisory Role of High Courts: While not bound by CPC, the CAT's orders are subject to judicial review by the High Courts under Article 226 and by the Supreme Court under Article 136 of the Constitution.
• Purpose of Tribunals: Administrative tribunals like the CAT were set up to provide a specialized and speedy mechanism for resolving service-related disputes of government employees, thereby reducing the burden on regular courts.
• Comparison with Civil Courts: Civil courts, governed by the CPC, follow a more rigid procedure involving detailed pleadings, framing of issues, examination and cross-examination of witnesses in a prescribed manner, and adherence to specific rules of evidence.