Question

What is/are the major feature(s) of the Central Administrative Tribunal (CAT)?

(i) The CAT was established in 1985 with its Principal Bench in New Delhi.
(ii) The CAT has 19 benches across India, including one in Ernakulam for Kerala and Lakshadweep.
(iii) The CAT’s jurisdiction includes members of the Defence Forces and secretarial staff of Parliament.

• 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 Article 323-A of the Indian Constitution.

• This article empowers Parliament to make laws for the establishment of 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.

• The CAT was specifically constituted under the provisions of the Administrative Tribunals Act, 1985.

Key Features of CAT:

• Establishment and Principal Bench: The CAT was indeed established in 1985. Its Principal Bench is strategically located in New Delhi, serving as the central hub for its operations. This aligns with statement (i).

• Widespread Benches Across India: To ensure accessibility and efficient dispute resolution, the CAT operates through numerous benches across the country. While the exact number of benches may vary slightly over time due to administrative changes, the CAT does have a significant number of benches, including one in Ernakulam, which caters to cases from Kerala and Lakshadweep. This broad network of benches ensures that central government employees from different regions can approach the tribunal easily. This aligns with statement (ii).

• Jurisdiction Exclusions (Important for Competitive Exams): The jurisdiction of the CAT is not all-encompassing. It specifically does not cover certain categories of personnel, which is a crucial fact for competitive examinations. The categories excluded from CAT's jurisdiction include:

  • Members of the Defence Forces.

  • Officers and servants of the Supreme Court or of any High Court.

  • Members of the secretariat staff of Parliament (both Lok Sabha and Rajya Sabha).

  Therefore, statement (iii) is incorrect because it includes members of the Defence Forces and secretarial staff of Parliament within CAT's jurisdiction, which is contrary to the law.

Additional Facts for Competitive Exams:

• Purpose: The primary objective of establishing CAT was to provide speedy and inexpensive justice to central government employees in service matters, thereby reducing the burden on the regular courts.

• Appeals: Initially, appeals against the orders of CAT could only be made directly to the Supreme Court. However, a landmark judgment by the Supreme Court in the L. Chandra Kumar case (1997) ruled that appeals against the orders of the CAT (and other tribunals) would first lie before a Division Bench of the concerned High Court. Only thereafter can a further appeal be made to the Supreme Court.

• Composition: The CAT comprises a Chairman, Vice-Chairmen, and Members. The members are drawn from both judicial and administrative streams, ensuring a blend of legal expertise and administrative experience for effective adjudication.