Administrative Tribunals in India


Administrative Tribunals in India

The Administrative Tribunals Act passed in 1985 opened a new chapter for the aggrieved government workers in the field of administering justice.

The Administrative Tribunals Act owes its origins to Article 323-A of the Indian Constitution, which authorizes the Central Government to create, by an Act of Parliament, administrative tribunals for the adjudication of conflicts and complaints relating to the appointment and conditions of service of persons assigned to the civil service and posts relating to the affairs of the Union and the States.

According to the provisions of the Administrative Tribunals Act, 1985, the Administrative Tribunals constituted under it exercises original authority over the service of the workers that it covers.

As a result of the Supreme Court’s judgment of 18 March 1997, the appeals against an Administrative Tribunal’s orders shall be brought before the Division Bench of the High Court concerned.

The Administrative Tribunals exercise authority only in respect of the litigants handling matters protected by the Act.

The aggrieved person can even directly appear before it.

The State, through its departmental officers or legal professionals, will make its case.

Therefore the Tribunal’s purpose is to provide the litigants with swift and affordable justice.

The Act provides for the formation of the Central Administrative Tribunal (CAT) and the Administrative State Tribunals.

On 1 November 1985, the CAT was formed.

Today, it has 17 daily benches, 15 of which serve at High Courts’ main seats and the other two at Jaipur and Lucknow.

Often, these Benches hold circuit sessions at other High Court seats.

In short, the tribunal is composed of a President, Vice-Chairman, and Members.

Members are drawn from both judicial and administrative sources in order to provide the Tribunal with the advantage of both legal and administrative experience.

Hon’ble Chairman and Members ‘ terms of service are the same as those available to a High Court Judge as set out in the Administrative Tribunals (Amendment) Act, 2006 (1 of 2007), which came into effect on 17.02.2007.

In determining cases, the Tribunal is motivated by the ideals of natural justice and is not bound by the process specified in the Code of Civil Procedure.

The Central Administrative Tribunal has the power to create its own rules of operation and procedure. Under the above clause of the Act, the Rules of the Central Administrative Tribunal (Procedure), 1987 and the Rules of Operation of the Central Administrative Tribunal, 1993 were notified in order to ensure smooth running if the Tribunal did.

According to Section 17 of the Administrative Tribunal Act, 1985, the Tribunal was granted the right to exercise the same jurisdiction and competence as a High Court with relation to self-disregard.

The Tribunal’s ruling could initially be contested by filing Special Leave Petition before Hon’ble Supreme Court.

However, following the ruling of the Supreme Court in L. In the case of Chandra Kumar, the Central Administrative Tribunal’s orders are now being challenged by way of a Writ Petition pursuant to Article 226/227 of the Constitution before the relevant High Court, under whose constitutional jurisdiction the Tribunal’s Bench is.

Under the Chairman’s general superintendence the Central Administrative Tribunal workers are expected to perform their duties.

The Central Government shall define the salary and benefits and terms of service of the officers and other Tribunal employees.

 

 

Article 323B—

Tribunals for other matters.-

[1] The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offenses with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has the power to make laws.

[2] The matters referred to in clause (1) are the following, namely—

[a] levy, assessment, collection and enforcement of any tax;

[b] foreign exchange, import and export across customs frontiers;

[c] industrial and labor disputes;

[d] land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of a ceiling on agricultural land or in any other way;

[e] ceiling on the urban property;

[f] elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in article 329 and article 329A.

[g] production, procurement, supply and distribution of food-stuffs (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;

[(h) rent, it’s regulation and control and tenancy issues including the right, title and interest of landlords and tenants.