CENTRAL ADMINISTRATIVE TRIBUNAL - POLITY
News: HC
directs CAT to dispose of Rajesh Das application challenging his suspension
What's in the news?
● The
Madras High Court on Tuesday directed Central Administrative Tribunal (CAT) to
dispose of within three months a 2021 application taken out by suspended
Special Director General of Police Rajesh Das, challenging his suspension from
service pending inquiry into the charge of having subjected a woman Indian
Police Service (IPS) officer to sexual harassment.
Central Administrative Tribunal (CAT):
● The
Central Administrative Tribunal had been established under Article 323-A of the Constitution for 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 other authorities under the
control of the Government.
Key takeaways:
● In
pursuance of Article 323-A, the Parliament
has passed the Administrative Tribunals Act in 1985.
○ It
provides tribunals for public services
matters only.
○ Tribunals
can be established only by Parliament.
● The
act authorizes the Central government to establish one Central Administrative
Tribunal and the state administrative tribunals.
● There
are 17 Benches and 21 Circuit Benches in the Central Administrative Tribunal
all over India.
Features:
● The
CAT is a specialist body consisting of Administrative Members and Judicial
Members who by virtue of their specialized knowledge are better equipped to
dispense speedy and effective justice.
● It
exercises jurisdiction only in relation to the service matters of the parties
covered by the Administrative Tribunals Act, 1985.
● The
Tribunal is guided by the principles of
natural justice in deciding cases and is not bound by the procedure
prescribed by the Civil Procedure Code.
Composition:
● Chairman:
○ A
Chairman who has been a sitting or retired Judge of a High Court heads the
Central Administrative Tribunal.
○ Appointed
by the President.
○ Tenure
- 5 years or 65 years of age.
○ Not
eligible for reappointment.
● Members:
○ Appointed
by the President.
○ Tenure
- 5 years or 65 years of age.
○ Not
eligible for reappointment.
Jurisdiction:
The
CAT exercises jurisdiction over all service matters concerning the following:
● a
member of any All-India Service
● a
person appointed to any civil service of the Union or any civil post under the
union
● a
civilian appointed to any defense services or a post connected with defense
However,
the members of the defense forces, officers, staff of the Supreme Court, and
the secretarial staff of the Parliament are not covered under the jurisdiction of CAT.
Appeals:
● The
orders of the Central Administrative Tribunal are challenged by way of Writ
Petition under Article 226/227 of the Constitution before the respective High Court in whose territorial
jurisdiction the Bench of the Tribunal is situated.