Question

Which of the following statements is/are correct regarding the appointment and tenure in the Central Administrative Tribunal (CAT)?

i. The Chairman of the CAT must be at least 50 years old at the time of appointment.

ii. The post of Vice-Chairman was removed by the Administrative Tribunals Amendment Act, 2006.

iii. Members of the CAT serve a tenure of 4 years or until the age of 65.

iv. The appointment of the Chairman and Members is made by the Central Government based on recommendations of a search-cum-selection committee.

v. The CAT is bound by the Civil Procedure Code of 1908 for its proceedings.

• A. Only i, ii, and iv
• B. Only ii and iv
• C. Only i and iii
• D. Only iii and v

Answer 1

Answer:

B. Only ii and iv

Central Administrative Tribunal (CAT): Appointment and Tenure

• Establishment and Purpose: The Central Administrative Tribunal (CAT) was established under Article 323-A of the Constitution of India to adjudicate disputes and grievances relating to recruitment and conditions of service of Central Government employees. It aims to provide speedy and inexpensive justice.
• Administrative Tribunals Amendment Act, 2006: This amendment significantly altered the structure and functioning of the CAT.
  • One of its key provisions was the removal of the post of Vice-Chairman. This streamlined the hierarchical structure within the Tribunal.
• Appointment Process:
  • The appointment of the Chairman and Members of the CAT is made by the Central Government.
  • This appointment is based on the recommendations of a search-cum-selection committee, ensuring a merit-based selection process.
• Tenure of Members:
  • Members of the CAT hold office for a term of five years from the date on which they enter office, or until they attain the age of 65 years, whichever occurs earlier. (Note: Statement iii in the question mentioned 4 years, which is incorrect).
• Age Requirement for Chairman: While there isn't a minimum age requirement explicitly stated as 'at least 50 years old' for the Chairman at the time of appointment in the primary legislation, the selection process generally favors individuals with substantial experience. (Note: Statement i in the question is generally not a statutory requirement).
• Procedural Rules: The CAT is guided by the principles of natural justice and is not bound by the strict procedures laid down in the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. This allows for more flexible and expeditious proceedings. (Note: Statement v in the question is incorrect).
• Key Amendments and Structure: The Administrative Tribunals Act, 1985, as amended, governs the CAT. The restructuring and amendments, particularly in 2006, have been pivotal in shaping its current operational framework.