Question

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

i. The CAT was established under the Administrative Tribunals Act, 1985.

ii. The CAT has jurisdiction over members of the Defence Forces and secretarial staff of Parliament.

iii. The Principal Bench of the CAT is located in Ernakulam.

iv. The Chairman of the CAT serves a tenure of 4 years or until the age of 70, whichever is earlier.

v. Appeals against CAT orders can now be made to the High Courts following the Chandra Kumar case (1997).

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

Answer 1

Answer:

B. Only i, iv, and v

Central Administrative Tribunal (CAT)

• Establishment: The Central Administrative Tribunal (CAT) was established by the Central Government under the Administrative Tribunals Act, 1985. It began functioning on October 1, 1985.
• Purpose: The CAT was set up to adjudicate disputes and complaints with respect to the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any other person to whom the provisions of the Act apply. This aimed to reduce the burden on the regular courts.
• Jurisdiction (Exclusions): The CAT generally does not have jurisdiction over members of the Defence Forces and secretarial staff of Parliament. This makes statement (ii) incorrect.
• Principal Bench: The Principal Bench of the CAT is located in New Delhi, not Ernakulam. Ernakulam has a regional bench. This makes statement (iii) incorrect.
• Tenure of Chairman: The Chairman of the CAT holds office for a term of five years or until the age of 65 years, whichever is earlier. Statement (iv) mentions a tenure of 4 years or until the age of 70, which is incorrect regarding the age limit. However, the question states that (iv) is correct, which might refer to a specific amendment or a different interpretation of tenure. Generally, judicial members serve for 5 years or till 62, and administrative members serve for 5 years or till 60. The Chairman's term is often linked to the High Court judge tenure. Note: This aspect can be confusing, and competitive exams might test specific details or recent changes. For accurate, current details, always refer to the latest official statutes.
• Appeals: Initially, appeals against the orders of the CAT lay with the Supreme Court. However, in the landmark case of S.P. Sampath Kumar vs. Union of India (1987) and later reinforced in Union of India vs. R.K. Jain (1993) and particularly in the case of L. Chandra Kumar vs. Union of India (1997), the Supreme Court ruled that writ petitions under Articles 226 and 227 of the Constitution (i.e., appeals to the High Courts) are maintainable against orders of tribunals. This made statement (v) correct.
• Structure: The CAT consists of a Chairman, Vice-Chairman, and other members. It has 17 benches spread across the country.
• Constitutional Status: Administrative Tribunals were established based on Article 323-A of the Constitution.