Central Administrative Tribunal
Through the passage of the Administrative Tribunals Act in 1985, the Central Administrative Tribunal, also known as the CAT, came into being. The Central Administrative Tribunal (CAT) is the body in India that is in charge of adjudicating or trying cases involving issues related to the recruitment and terms of service of employees working in public service. This topic of polity and governance will be covered in depth at the UPSC examination.
Central Administrative Tribunal.
1. On June 8, 2020, the 18th Bench of the Central Administrative Tribunal (CAT) for the Union Territories of Jammu and Kashmir and Ladakh was inaugurated by Dr. Jitendra Singh, Union Minister of State for the Development of the North Eastern Region (DoNER), Minister of State for the Prime Minister’s Office (MoS PMO), Personnel, Public Grievances, Pensions, Atomic Energy, and Space. This was done via Video Conference.
Central Administrative Tribunal
Article 323A of the Constitution of India was used in 1985 to legislate the passage of the Act that established the CAT. This section is where the jurisdiction, powers, and authority of the Tribunal are derived from. It was enacted into law by the 42nd Amendment to the Constitution in order to establish itself.
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• In accordance with Article 323A, Tribunals can only be established by the Parliament and not by the respective State Legislatures.
• However, in accordance with the provisions of Article 323B, which addresses other tribunals, it is possible for such tribunals to be established not only by the Parliament but also by the State Legislatures.
• The scope of Article 323A is limited entirely to courts dealing with cases pertaining to the public service.
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• There can be only one service developed at the central level, as well as one for each state, or one each for two or more states.
• There is no judicial aristocracy in place at this location.
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Central Administrative Tribunal Mandate
The CAT has been given the responsibility of deciding cases that include issues with the recruitment and terms of employment of employees who are employed in public service in the country.
Jurisdiction of the Central Administrative Tribunal (CAT)
The CAT has original jurisdiction for all service matters, including but not limited to the following:
1. Individuals who are part of the all-India services.
2. Individuals who are selected for appointment to any of the Union’s civil services or civil posts under the Union.
3. The appointment of civilians to positions in the armed forces or other defense-related organisations.
4. The government informed those working for PSUs or organisations in the public sector that they were affected.
Note:-
The Civilian Anti-Terrorism Act does not apply to members of the armed forces, officers, or the personnel of the Supreme Court or the secretarial staff of Parliament.
The members that make up the Central Administrative Tribunal
Members of the Central Administrative Tribunal come from a variety of backgrounds, including legal and administrative work, so that the tribunal can benefit from competence in both sectors.
• The person in charge (tenure of 5 years or 65 years of age, whichever is earlier)
• Ought to be either a judge on the Supreme Court or the Chief Justice of a High Court.
• Vice-chairperson (tenure of 5 years or 62 years of age, whichever is earlier) (tenure of 5 years or 62 years of age, whichever is earlier)
• Additional members
The President is the one who chooses each individual.
How the Central Administrative Tribunal Actualizes Its Functions
The operation of the CAT is characterised by a number of properties, some of which are as follows:
• The power to exercise the same jurisdiction and authority regarding contempt of itself as a High Court has been granted to the Tribunal. This power was conferred onto the Tribunal.
• Those who disagreed with the decisions issued by a panel had the option of appealing those decisions to the High Court rather than the Supreme Court immediately (Chandrakumar Case, 1997).
• There are a total of 17 District Court Benches and 21 Circuit Court Benches around the country.
• The matters pertaining to the Government of the National Capital Territory of Delhi are heard by the Principal Bench of the CAT.
• The Tribunal makes its decisions based on the principles of natural justice, which serve as a guide. The Civil Procedure Code does not apply to it because of this.
• The salary, emoluments, and conditions of service that workers of the Tribunal are entitled to are all decided by the central government.
• A petitioner has the option of either personally presenting their case in front of the Tribunal or seeking the assistance of a legal practitioner.
