Handling of Central Administrative Tribunal Cases

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CENTRAL ADMINISTRATIVE TRIBUNAL

Central Administrative Tribunal is set up with a view to ease the congestion of pending cases at various High Courts.

Today, there are 17 Benches of the Tribunal located throughout the country wherever the seat of a High Court is located, with 33 Division Benches and circuit sittings are held at 19 important places in India cases pertaining to Karnataka Postal Circle is adjudicated before CAT, Bangalore Bench.

The Tribunal adjudicates disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union. The Tribunal provides to the persons covered by the Administrative Tribunals a speedy and relatively cheap and effective remedy.

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A Chairman who has been a sitting or retired Judge of a High Court heads the Central Administrative Tribunal assisted by a Vice-Chairman and Members.

The Tribunal follows the principles of natural justice in deciding cases and the procedure, prescribed by Evidence Act or CPC does not apply. The Tribunal only deals with service matters in respect of the Central Government employees and other notified employees.

The Tribunal has been conferred the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court Under Section 17 of the Administrative Tribunal Act, 1985.

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The important sections of the ADMINISTRATIVE TRIBUNALS ACT, 1985 useful in our day to day affairs:

Section 17. Power to punish for contempt – A Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971) …

Section19. Applications to Tribunals – (1) Subject to the other provisions of this Act a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance.

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Section 22. Procedure and powers of Tribunals – (1) A Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government.

Section 23. Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers - (1) A person making an application to a Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.

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Benches of CAT

• Principal bench (New Delhi

• Allahabad Bench• Lucknow Bench• Bangalore bench• Calcutta bench• Chandigarh Bench• Cuttack bench• Ernakulam Bench

• Guwahati Bench• Hyderabad bench• Jabalpur bench• Jodhpur bench• Jaipur bench• Madras bench• Bombay bench• Patna bench

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Functioning of the CAT

• Single Bench– Change of Date of Birth– Adverse entries in ACR– Compassionate Appointment– Allowances– L.T.C.– Transfer– Pension– GPF

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Functioning of the CAT

• Division Bench– Seniority– Promotion– Termination– Disciplinary proceedings

• Full Bench – constituted as and when required.– Specific issues wherein there have been

conflicting order on various occasions

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CAT Terms

• Affidavit• Applicant• Application• Members• Bench• Cause List• Brief Transmission Form

• Contempt• Cost• Division / Single Bench• Default• Deponent• Estoppel• Ex-parte• Interim order

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CAT Terms

• Index• Jurisdiction• Limitation• On Board• Oral order• Part heard• Pleadings• Preliminary Objections• Presenting Officer

• Rejoinder• Reply• Respondent• Restoration• Review Application• Special leave Petition• Ultra Vires• Verification

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Types of Applications

• Original Application• Transferred Application• Review Application• Contempt Petition• Petition for Transfer• Miscellaneous Application

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Who can file an application

• Subject to the provisions of the AT Act, 1985 a person, aggrieved by any matter within the jurisdiction of the Central Administrative Tribunal can file an application in the CAT.

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On Reciept of Notice

Either by post or through officialsDastiTo be acknowledged indicating Date and Time of

receiptType of notices

Notice to show cause against admisisonNotice after admission – for the purpose of

contesting the caseNotice meant for the employees working under

the respondent department

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On Reciept of Notice

• HoD to get the notices served on private respondents and file an affidavit confirming compliance

• Check who will defend the case• Call information from the co-respondents• Primary respondent to engage a Government

Counsel• A departmental officer can also be authorized (Group

A officer with the approval of Minister-in-Charge)

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Preparation and Filing of Reply

• Ascertain the veracity of the facts narrated by the applicant

• Ascertaining the correct facts relating to the issue agitated in the OA

• Exploring the possibility of raising any preliminary objections regarding maintainability of the OA

• Collection of documents in support of the cases of the respondents

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Preparation and Filing of Reply

• Collection of documents in support of the case of the respondents

• Identification of any identical case file dby any other employees of the department for similar relief– No need to reinvent wheel– Will facilitate linking and disposal together

• Identification of any precedent – especially unreported cases.

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Preparation and Filing of Reply

• Prepare the reply as per the prescribed format – – Identity of the official filing the reply– His competence to file the reply– Confirmation that he has read the OA fully etc.

• Brief background of the case• Specifically “Admit” or “Deny”. If denying give

reasons.

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Preparation and Filing of Reply

• While drafting reply:– Avoid repetition of facts and invite attention to

the relevant facts– Point out the additional facts given by the

applicant which are not relevant to the OA and which the respondent is not in a position to prove.

– Formal statements does not call for reply.– Keep the language clear

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Checklist and Guidelines for Divisions

Soon after receipt of the Original Application(OA), it should be checked whether PMG or CPMG is made the respondent in the case. If not, copy of the OA has to be sent to RO/CO immediately for arranging defending of the OA through a Defence Counsel.

Divisions should not await letter from RO for furnishing PWC and BH on the OA. It should be prepared without awaiting for communication from RO/CO.

While preparing BH and PWC there should be personal involvement of Divisional Head/ASP concerned.

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While furnishing Brief History of the case, Bio – data of the appellant has to be furnished in detail.

Brief History should not be sketchy and should be comprehensive.

All connected records should be invariably sent with BH and PWC such as disciplinary case file, IO/PO report, depositions, inquiry proceedings etc.

The PWC furnished should be substantiated with necessary rulings and the same should be attached as Annexures.

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While furnishing PWC, in addition to negating the paras, facts should be furnished.

Within 10 days of receipt of OA, PWC and BH has to be furnished to RO.

In respect of CRC cases, BH and PWC need not be furnished as it will be defended by CO.

In CAT cases related to pay fixation or account related matters, BH & PWC may be furnished in consultation with APM a/cs/ Accountant.

Important cases related to accounts matter may be referred to DA(P) for opinion.

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CAT orders should be implemented w/o delay as CAT takes serious note of delay and compliance should always be submitted to RO.

It is observed that clarifications are sought from RO even when CAT orders are clear. The same should be avoided.

In CAT cases, appellants often quote Court judgements. They can be downloaded from the website http://judis.nic.in. The judgements, status of the cases of Supreme Court, High Court and District Courts are available at click of the button and they can be downloaded.

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Preliminary Objections

• Jurisdiction• Place of filing application• Limitation• Mis-Joinder & Non-Joinder of parties• Res-judicata (A thing which has been decided)• Estoppel• Non-exhausting of official rememdies

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Preliminary Objections

• Suggestio falsi and suppressio veri• Plural remedies

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Place of filing application

• The applicant is posted for the time being, or• The cause of action, wholly or in part, has

arisen• With the leave of Chairman, can also be filed

in PB• A person who is not in service – at the place

where he is ordinarily residing.

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Limitation

• Section 21• Within one year from the date of passing of

the final order• Representation – six months + 1 year• Three years preceding the date on which the

jurisdiction, powers and authority of the Tribunal becomes exercisable if not already challenged – to be filed within six months

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Limitation

• Can be condoned – generally a separate MA is filed by the applicant

• Respondents can challenge the maintainability of the OA on the ground of Limitation alone

• Repeated representations not a valid ground

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Preparation and Filing of Reply

• Avoid abbreviations• Quote exact statutory provisions• Bring out the prayer clearly. • Get the draft reply approved by the Govt

Counsel• Get it vetted by the Legal Adviser• Get it signed by an authorised signatory• File the reply and take acknowledgement

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Listing and Posting of Cases

• Ready List – for internal use• Warning List –cases likely to be listed for regular

hearing• Daily cause list – published by 5:30 p.m. everyday

giving details of the cases to be heard on the next day.– Quorum, Court Halls, Details of the cases – party

name, legal practition name etc.• Regular matters and cases for pronouncement of

Order, for admission, direction etc.

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Listing and Posting of Cases

• Order in which cases are taken:– Pronouncement of judgments– Mention– Cases for admission / direction etc.– Regular matter

• If applicant is absent – may be dismissed in default or decided on merit after hearing the respondent

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Listing and Posting of Cases

• If the respondent is absent, the case may be decided ex-parte by hearing the applicant

• If both the parties are absent, the case may be dismissed for default or appearance of the applicant or may be decided on merit by perusal of the written submission

• If both the parties are present, the case will be heard.

• Part Heard cases – to be heard by the same bench

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Review Application

• Section 22 of the AT Act, 1985• Same power as are vested in a Civil Court under the

Code of Civil Procedure 1908 under the following circumstances– On the basis of discovery of new and important

matter of evidence which after exercise of due diligence, was not within the applicant’s knowledge or could not be produced by the party at the time when the order was passed;

– On account of mistake or error apparent on the face of the judgement;

– Or for any other sufficient reason.

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Review Application

• Detailed argument is not necessary• Party will not be allowed to reopen a case

under the guise of review• Plea not taken in the OA cannot be taken• To be filed within 30 days from the date of

receipt of the copy of the order• Can be decided by circulation without listing

the cases.

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Review Application

• RA and CA to it to be supported by sworn affidavits.

• Review is without prejudice of right to appeal.• Even after losing SLP in SC, RA can be filed.• Pendency of RA valid defence in Contempt

proceedings

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Time limit for filing an application before CAT

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Under Central Administrative Tribunal Act:

• An application has to be filed within 1 year from the date on which the initial final order has been made.  

• Where an appeal/representation has been submitted in the matter and the authority competent to pass final order has not passed the said order, application has to be filed after the expiry of a period of six months from the submission such application/representation and within one year from the date of expiry of the said period of six months.

Time limit for filing an application before CAT

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Under Central Administrative Tribunal Act:

• Tribunal has power to admit an application in relaxation of the above limitation, if sufficient cause is shown, supported by an affidavit, for not making the application within the stipulated period.

• The order of the Tribunal is final and binding on both the parties.  It should be compiled with within the time-limit prescribed in the order or within six months of the receipt of the order, if no time-limit is prescribed.  Failure to implement the order in time may give rise to cause of action for initiating contempt proceedings.

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• If the applicant and/or the respondent are not satisfied with the judgment, it is open to them to seek review of the judgment by filing a petition within 30 days of the communication of the order.  

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•  Review petition would lie only when there is a glaring omission, paten mistake or grave error.  

• Once the review petition is dismissed, there is no provision for further review.  

• The matter has to be agitated before Hon.Supreme Court, through Special Leave Petition.

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Case studies

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