Question

Consider the following statements with regard to the Central Administrative Tribunal (CAT):

(i) The CAT was established under the Administrative Tribunals Act, 1985, pursuant to Article 323A of the Constitution.
(ii) The CAT has jurisdiction over matters relating to All India Services, Central Civil Services, and civilian posts under Defence.
(iii) Appeals against CAT orders can be made directly to the Supreme Court without approaching the High Courts.

Which of the statements given above is/are correct?

• A. only (i)
• B. only (ii)
• C. only (i) and (ii)
• D. all the above

Answer 1

Answer:

C. only (i) and (ii)

Central Administrative Tribunal (CAT)

• The Central Administrative Tribunal (CAT) was established under the provisions of the Administrative Tribunals Act, 1985.
• This Act was enacted by the Parliament of India in pursuance of Article 323A of the Indian Constitution.
• Article 323A empowers the Parliament to constitute administrative tribunals for the adjudication 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.
• The CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it.
• The CAT's jurisdiction extends to matters concerning members of the All India Services (e.g., IAS, IPS, IFS), Central Civil Services, and civilian employees working under the Ministry of Defence. It also covers employees of Union Territories and various central government organizations.
• However, it does not cover members of the defence forces, officers and servants of the Supreme Court or any High Court, or the secretarial staff of Parliament/State Legislatures.
• Initially, appeals against the orders of the CAT could be made directly to the Supreme Court. However, a landmark judgment by the Supreme Court in the case of L. Chandra Kumar v. Union of India (1997) changed this.
• As per the L. Chandra Kumar judgment, the power of judicial review of the High Courts under Articles 226 and 227 of the Constitution was declared to be an integral and essential feature of the Constitution, forming part of its basic structure.
• Therefore, currently, an appeal against an order of the CAT lies directly before the High Court (specifically, a Division Bench of the High Court within whose territorial jurisdiction the concerned Bench of the Tribunal falls).
• Only after a decision by the High Court can an appeal be made to the Supreme Court.
• The CAT is headed by a Chairman, who is or has been a Judge of a High Court. It comprises both judicial and administrative members.
• The Principal Bench of the CAT is located in New Delhi, and it has benches in various other cities across India, typically coinciding with the seats of High Courts.