Administrative (Civil Services) Tribunals In India
The government is the single largest employer in our country. Consequently the disputes between government and employees regarding service conditions, transfers, promotions, appointments etc. have also increased. These disputes had to be resolved quickly so that the morale of the employees, on which the efficiency of the government depends, could be sustained. The ordinary courts of law were already overburdened and were not in a position to dispose the cases expeditiously. In such a scenario, the Administrative Reforms Commission recommended the setting up of Civil Service Tribunals. These recommendations were discussed in various fora and a consensus emerged that the setting up of civil tribunals would be desirable and necessary, in public interest, to adjudicate the complaints and grievances of the government employees. Consequently, the 42nd Amendment provided for the creation of Administrative Tribunals. Check out public administration notes.
The 42nd Amendment, inserted Article 323(A) where in a provision was made for the creation of service tribunals. Article 323(A) provides for the establishment of tribunals at the central and the state level. Consequently, the government enacted the Administrative Tribunals Act in 1985 wherein service tribunals were established at the Central and the State level. The tribunal at the Central level is called as the Central Administrative Tribunal and the tribunal at the State level is called as the State Administrative Tribunal.
Central Administrative Tribunal
The Central Administrative Tribunal was setup on 1.11.1985 to adjudicate on disputes and complaints with respect to conditions of services of persons appointed to the public services and posts in connection with the affairs of the Union. The jurisdiction of the tribunal extends to all the employees of the Central government. However, disputes relating to the members of the defence forces, officers and servants of the Supreme Courts, and members of the Secretarial staffs of Parliament do not fall with in the jurisdiction of the tribunal.
The Central Administrative Tribunal is located at New Delhi and it operates through 17 regular benches, 15 of which operate at the principles seats of High Courts and the remaining 2 at Jaipur and Lucknow.
The CAT is multi-member body consisting of a chairman, Vice-Chairman and members. At present, it has a chairman, 16 Vice-Chairmen and 46 members. They are drawn from both judicial and administrative streams and are appointed by the President. They hold office for a term of five years or until they attain the age of 65 years, in case of Chairman and Vice-Chairman and 62 years in case of members, whichever is earlier.
The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice. These principles keep the CAT flexible in approach. Only a nominal fee is to be paid by the applicant. The applicant may appear either in person or through a lawyer.
Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the High Courts. However, in the Chandra Kumar case (1997), the Supreme Court declared this restriction on the jurisdiction of the High Courts as unconstitutional, holding that judicial review is a part of the basic structure of the Constitution. It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned High Court.
State Administrative Tribunals
Article 323(A) of the constitution provides for the creation of the State Administrative Tribunals in every State. As the name suggests these tribunals operate at the state level and adjudicate on disputes with respect to recruitment and matters concerning recruitment to any civil service of the state or to any civil post under the state. The members of the tribunal are appointed by the President of India after consultation with the Chief Justice.