UNIVERSITY OF INSTITUTE OF

LEGAL STUDIES
PANJAB UNIVERSITY

Project of Service Law on the topic

“Article 323 - A of the Constitution Administrative Tribunals, their

Constitution, powers, jurisdiction and procedure under the
Administrative Tribunals Act, 1985
(along with the provisions of the Tribunals (Amendment) Act
2006”

Submitted To: Submitted From:

Dr. Priya Singla Satwinder Singh
Assistant Professor 50/18
UILS, Panjab University, Chandigarh B.A. LL.B. (10th)
 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Dr. Priya Singla who
gave me the golden opportunity to do this wonderful assignment on the topic “Article 323 -
A of the Constitution Administrative Tribunals, their Constitution, powers, jurisdiction and
procedure under the Administrative Tribunals Act, 1985 (along with the provisions of the
Tribunals (Amendment) Act 2006” which also helped me in doing a lot of research and I
came to know about so many new things, I am highly indebted for their guidance and constant
supervision as well as for providing necessary information regarding the project & also for
their support in completing the project. I am thankful to her.

Secondly, I would also like to thank my seniors and friends who helped me a lot in providing
resources and finalizing this assignment within the limited time frame and to people who have
willingly helped me out with their abilities.

Satwinder Singh
 INDEX

Sr. No. Topic Page No.

1. Introduction 1
2. Meaning of tribunal 2-3
3. Administrative Tribunal 3-4
4. Reason for the growth of Administrative Tribunal 4-5
5. Need for Establishment of Tribunal & Provisions under the 5-6
Constitution of India
6. Establishment of Administrative Tribunals 7-8
7. Composition of the Tribunal 8
8. Qualification 8-10
9. Jurisdiction of the Tribunal 10-11
10. Procedure to be followed by Administrative Tribunal 11-15
11. Conclusion 16
12. References 17
 CASE LAWS

i. A.K. Behra v. Union of India (2010) 5 SCALE 472.

ii. Durga Shanker Mehta v. Raghuraj Singh, AIR 1954 SC 520.
iii. J.B. Chopra v. Union of India, AIR 1987 SC 357.
iv. L. Chandra Kumar v. Union of India, AIR 1995 SC 1151.
v. M.B. Majumdar v. Union of India, AIR 1990 SC 2263.
vi. P. Lal v. Union of India, AIR 2003 SC 1499.
vii. State of T, N. v. S. Thangavel 1997 (2) SCC 349.
viii. S.P. Sampath Kumar v. Union of India (1987) 1 SCC 124
ix. T. Sudhakar Prasad v. Govt. of A.P. JT 2001 (1) SC 201.
x. Union of India v. Kali Dass Batesh, AIR 2006 SC 789.
xi. Union of India v. Sanjiv Chaturvedi & Ors. 2023 LiveLaw (SC) 162.
1

INTRODUCTION

There has been a phenomenal increase in the functions of the government, which has
lent enormous powers to the executive and led to increase in the legislative output. This
has led to more litigation, restrictions on the freedom of the individuals and constant
frictions between them and the authority. Administrative tribunals have emerged not
only in India but also in many other countries with the objective of providing a new type
of justice - public good oriented justice. These tribunals manned by technical experts,
with flexibility in operations, informality in procedures have gained importance in the
adjudication process. In this unit, we shall first discuss the meaning of administrative
law. Then we will deal with the meaning and features of administrative tribunals, the
reasons for their growth, their types and their advantages and disadvantages.
Moreover, it is necessary to understand the meaning of administrative law. It covers the
entire gamut of public administration and includes the statutes, charters, rules,
regulations, procedures, decisions etc. required for smooth running of administration.1
According to Jennings, administrative law is the law relating to the administration. It
determines the organization, powers, and duties of administrative authorities. Wade
remarks that administrative law is concerned with the operation and control of the
powers of administrative authorities with emphasis on functions rather than the
structure.
Administrative law has the following characteristics:2
1. It subordinates the common law, rights of personal freedom, and private property
to the common good. The stress is on public interest than on individual interest.
2. It entails the application of flexible standards for implementation of law.
3. The interpretation of these standards lies with the administrative tribunals.
4. It puts the public officials in a better position over the people.
5. It is not codified and is in an experimental and dynamic condition.

1
S.R. Maheshwari, Indian Administrative 62 (Orient Longman Pvt. Ltd. New Delhi,2001).
2
Nageswara Rao & G.B. Reddy, “Doctrine of Judicial Review and Tribunals: Speedbreakers Ahead”, Journal of
the Indian Law Institute 418 (1997).
2

MEANING OF TRIBUNAL
The term ‘Tribunal’ is derived from the word ‘Tribunes’ which means ‘Magistrates
of the Classical Roman Republic.”3 Tribunal is a body constituted by or under statute
to perform adjudicatory function. The term ‘tribunal’ refers to the adjudicatory
bodies outside the sphere of the ordinary courts. The tern ‘tribunal’ does not have a
fixed connotation; it is not a term of art. It is used in many senses. It is not possible
to define the ‘tribunal’ precisely and scientifically. According to the Dictionary,4
‘Tribunal’ means: (1) A court or other adjudicatory body; (2) The seat, bench or
place where a judge sits. According to S.N. Jain, the term “Tribunal” has been used
under the Indian Constitution in three different senses:
➢ All administrative bodies exercising quasi-judicial functions, whether as a
part or parcel of the department or otherwise, may be termed as tribunal. The
only distinguishing feature of these bodies as against other bodies exercising
administrative power is that these bodies exercising administrative power is
that these bodies are required to follow the rules od natural justice in
rendering decisions.
➢ All those administrative adjudicatory bodies may be regarded as tribunals
which are not under the control of the department involved in the dispute and
therefore decide disputes as a judge from any departmental bias.
➢ The term tribunal as used in Article 136 has a special meaning in the sense
that the authority must exercise ‘inherent judicial power of the State’.
Accordingly, the test to identify a tribunal is not its control, composition, or
procedure but its function.

In the case of Durga Shanker Mehta v. Raghuraj Singh,2 The Supreme Court has defined
‘tribunal’ in the following words:
“The expression ‘tribunal’ as used in Article 136 does not mean the same thing as
‘court’ but includes, within its ambit, all adjudicating bodies, provided they are

3
C.K. Thakkar, Administrative Law 226 (Eastern Book Company, Lucknow, 1996)
4
Black Law’s Dictionary
5
AIR 1954 SC 520.
3

constituted by the state and are invested with judicial as distinguished from
administrative or executive functions.”

In another landmark case of Bharat Bank Ltd. v. Employees,5 the Supreme Court has
held that the tribunals are not full-fledged courts, though they possess many of the
tapping’s of a court and they exercise the quasi-judicial functions. A tribunal is an
adjudicating body. It exercises judicial powers as distinguished from purely
administrative functions and decides controversies between the parties.

ADMINISTRATIVE TRIBUNALS

In pursuance of administrative law, there can arise disputes. These disputes require
adjudication. There are administrative agencies other than the courts to adjudicate such
issues arising in the course of day-to-day administration.
Administrative adjudication is the resolution of quasi-judicial matters by administrative
agencies or commissions established for the purpose. A number of technical issues and'
disputes emerge in the day-to-day administration. The ordinary courts do not have the
technical expertise and it becomes quite dilatory and costly to dispense with cases of
administrative nature. It is only the administrative agencies, which are capable of
looking into the matters of administrative exigencies. These administrative agencies
with the power to adjudicate the disputes arising out of administrative action or inaction
are called administrative tribunals.
According to Servai, 'the development of administrative law in a welfare state has ‘made
administrative tribunals a necessity'. In India, and in many other countries, there has
been a steady proliferation of administrative tribunals of various kinds. They have,
indeed, become a permanent part of the law adjudication machinery of the country. As
a system of adjudication, they have come to stay, and their number is constantly on the
increase. Administrative tribunals are authorities outside the ordinary court system,
which interpret and apply the laws when acts of public administration are questioned in

5
AIR 1950 SC 188.
4

formal suits by the courts or by other established methods. In other words, they are
agencies created by specific enactments adjudicate upon disputes that may arise during
implementation of the provisions the relevant enactments. They are not a court nor are
they an executive body. Rather they are a mixture of both. They are judicial in the sense
that the tribunals have to decide facts and apply them impartially, without considering
executive policy. They are administrative because the reasons for preferring them to the
ordinary courts of law are administrative reasons. They are established by the executive
in accordance with statutory provisions. They are required to act judicially and perform
quasi-judicial functions. The proceedings are deemed to be judicial proceedings and in
certain procedural matters they have powers of a civil court. They are not bound by the
elaborate rules of evidence or procedures governing the ordinary courts. They are
independent bodies and are only required to follow the procedure prescribed by the
relevant law and observe the principles of 'Natural Justice'. They do not follow the
technicalities of rules of procedure and evidence prescribed by the Civil Procedure Code
(CPC) and Evidence Act respectively. The administrative tribunals may be more
appropriately defined as specially constituted authorities established by law to settle the
disputes between the citizen and administration.

REASONS FOR THE GROWTH OF ADMINISTRATIVE TRIBUNALS

There are many reasons for the growth of administrative tribunals.6 Some of these are:
Firstly, the administrative tribunals, rendering administrative justice, is a by-product of
the Welfare State. In the late 18th and 19th centuries when 'laissez faire' theory held sway,
the law courts emerged as the custodians of the rights and liberties of the individual
citizens. Sometimes they protected the rights of all citizens at the cost of state authority.
With the emergence of Welfare State, social interest began to be given precedence over
the individual rights. With the development of collective control over the conditions of
employment, manner of living and the elementary necessities of the people, there has
arisen the need for a technique of adjudication better fitted to respond to the social

6
Sunil Chhabra, Administrative Tribunals (Deep & Deep Publications, New Delhi,1990).
5

requirements of the time than the elaborate and costly system of decision making
provided by the courts of law. In brief, 'judicialization of administration' proved a
potential instrument for enforcing social policy and legislation.
Secondly, in view of the rapid growth and expansion of industry, trade and commerce,
ordinary law courts are not in a position to cope up with the work-load. With the result,
enormous delay in deciding cases either way, takes place. Therefore, a number of
administrative tribunals have been established in the country, which can do the work
more rapidly, more cheaply and more efficiently than the ordinary courts.7
Thirdly, law courts, on account of their elaborate procedures, legalistic forms and
attitudes can hardly render justice to the parties concerned, in technical cases. Ordinary
judges, brought up in the traditions of law and jurisprudence, are not capable enough to
understand technical problems, which crop up in the wake of modem complex economic
and social processes. Only administrators having expert knowledge can tackle such
problems judiciously. To meet this requirement, a number of administrative tribunals
have come into existence.
Fourthly, a good number of situations are such that they require quick and firm action.
Otherwise, the interests of-the people may be jeopardized. For instance, ensuring of
safety measures in local mines, prevention of illegal transactions in foreign exchange
and unfair business practices necessitate prompt action. Such cases, if are to be dealt
with in the ordinary courts of law, would cause immense loss to the state exchequer and
undermine national interest. However, the administrative courts presided over by the
experts would ensure prompt and fair action.

NEED FOR ESTABLISHMENT OF TRIBUNAL & PROVISIONS

UNDER CONSTITUTION

It was expected that the setting up of such Administrative Tribunals to deal exclusively
with service matters would go on a long way in not only reducing the burden of various
courts and thereby giving them more time to deal with other cases expeditiously but
would also provide to the persons coming under the jurisdiction of Administrative

7
Paras Diwan, Administrative Law (Allahabad Law Agency, Allahabad, 1995)
6

Tribunals, speedy relief in respect of their grievances. The Law Commission in its XIV
report as early as 1958 advocated the setting up of some Tribunals in view of certain
“inherent advantages like speed, cheapness, procedural simplicity and availability of
special knowledge.” The importance of the tribunal may be realized by the fact that the
Constitution of India has been amended so as to empower parliament to establish, by
enacting legislation, tribunals to deal with specified subjects.
A new Part XIV-A has been inserted in the Constitution of India by the Constitution
(42nd Amendment) Act, 1976 consisting of Article 323-A and 323-B. These Articles
deal with the setting up of the Administrative Tribunals for adjudication of disputes
relating to various matters. The object behind insertion was to reduce the mounting
arrears in the High Court and to secure speedy disposal of service matters, revenue
matters and certain other matters of special importance, in the context of the
socioeconomic development and progress. These provisions are designed to give a fillip
to the promotion of the Tribunal system in the country. Article 323-A lays down that
Parliament may, by law, provide for the adjudication or trial by Administrative
Tribunals 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 Union or of any State or of any local or other authority within the territory of India
or under the control of the Government of India or of any Corporation owned or
controlled by the Government. The provisions of Article 323-A override any other
provision in the Constitution or any other law. Article 323-B has a much wider
coverage. Article 323-B lays down that the appropriate legislature may, by law, provide
for the adjudication or trial by tribunals of any disputes, complaints or other offences
with respect to all or any of the matters enumerated therein with respect to which such
legislature has power to make law. Explaining the object, the Supreme Court in T.
Sudhakar Prasad v. Govt. of A.P.,8 observed that the Parliament was motivated to create
new adjudicatory fora to provide new, cheap and fast track adjudicatory systems and
permitting them to function by tearing of the conventional shackles of strict rule of
pleadings, strict rule of evidence, tardy trials, three/four tier appeals, endless revisions
and reviews, creating hurdles in fast flow of stream of justice.

8
JT 2001 (1) SC 201.
7

There are 19 Benches and 19 Circuit Benches in the Central Administrative Tribunal all
over India. The Government of India has notified 215 organizations including Ministries
and Departments of Central Government, under section 14 (2) of the Administrative
Tribunals Act, 1985 to bring them within the jurisdiction of the Central Administrative
Tribunal, from time to time. In addition, the Central Administrative Tribunal, Principal
Bench is dealing with the matters of Govt. of National Capital Territory of Delhi.

The Central Administrative Tribunal is headed by Hon'ble Chairman Sh. Justice Ranjit
Vasantrao, retired Chief Justice, Meghalaya High Court. There are 69 Hon'ble Members
in various Benches of the Tribunal out of which 34 are Judicial Members and 35 are
Administrative Members.

After the establishment of the Tribunal in 1985, it received 13,350 pending cases on
transfer from the High Courts and subordinate Courts under section 29 of the
Administrative Tribunal Act, 1985. Since its inception in 1985, up to 30th June,
2022, about 8,82,085 cases were instituted in the Tribunal. Out of those, 8,04,272
cases have already been disposed of. That is a disposal rate of 91.18%.

ESTABLISHMENT OF ADMINISTRATIVE TRIBUNALS

Section 4 of the Act provides for the establishment of Central Administrative Tribunals
(CAT), State Administrative Tribunals (SAT) and Joint Administrative Tribunals
9
(JAT). These tribunals are constituted by the Central Government. State
Administrative Tribunals may be constituted by the Central Government on the request
of the concerned State10 while Joint Administrative Tribunals may be constituted by the
Central Government on the request of two or more States.11 The Central Administrative
Tribunal decides the services disputes pertaining to the employees of the Central
Government or employees of any Union Territory or local or other Government under
the control of the Government of India or employees of a corporation owned or
controlled by the Central Government. A State Administrative Tribunal decides the

9
The Administrative Tribunal Act, 1985 s. 4.
10
The Administrative Tribunal Act, 1985 s. 4(2).
11
The Administrative Tribunal Act, 1985 s. 4(3), 4(4).
8

service disputes pertaining to the employees of the States on whose request it has been
established.

COMPOSITION OF ADMINISTRATIVE TRIBUNALS

Section 5(1) of the Act provides that each Tribunal shall consist of a Chairman and such
number of Judicial and Administrative Members as the appropriate Government may
deem fit. 12 The Jurisdiction, power and authority may be exercised by Benches
thereof. 13 A Bench of the tribunal shall consist of one judicial Member and one
Administrative Member. 14 The Chairman may order the composition of a Bench
consisting of more than two Members, if in his opinion, it is deemed fit, for deciding
any case or cases, having regard to the nature of the question involved therein. 15 The
appointment of the Chairman and every other member of the tribunal shall be made by
the President of India after consultation with the Chief Justice of India.16 In case of a
Tribunal shall be made by the President after consultation with the Governor of the
concerned State.17 In Union of India v. Kali Dass Batesh,18 the Supreme Court observed
that CAT is a tribunal constituted under Article 323-A of the Constitution and is
expected to have the same jurisdiction as that of High Court. Consequently, Parliament
has taken great care to enact, vide Section 6 and 7 of the Act no appointment of a person
shall be made except after consultation with the Chief Justice of India.

QUALIFICATION

The qualifications can be discussed under the following heads:

1. Qualification for Appointment as Chairman: A person shall not be qualified
for appointment as the Chairman unless he is, or has been, a Judge of a High
Court. Provided that a person appointed as Vice-Chairman before the
commencement of this Act shall be qualified for appointment as Chairman if

12
The Administrative Tribunal Act, 1985 s. 5(1).
13
Ibid.
14
The Administrative Tribunal Act, 1985 s. 5(2).
15
The Administrative Tribunal Act, 1985 s. 5(4).
16
The Administrative Tribunal Act, 1985 s. 6(3).
17
The Administrative Tribunal Act, 1985 s. 6(4).
18
AIR 2006 SC 789.
9

such person has held the office of the Vice-Chairman at least for a period of two
years.19
2. Qualification for Appointment as Administrative Members: A person shall
be qualified as an Administrative Member if he has held for at least two years
the post of Secretary to the Government of India or any other post under the
Central or State Government and carrying the scale of pay which is not less than
that of a Secretary to the Government of India for at least five years or any other
post under the Central or State Government of India for at least five years or any
other post under the Central or State Government carrying the scale of pay which
is not less than that of Additional Secretary to the Government of India at least
for a period of five years. Provided that the officers belonging to All India
services who were or are on Central deputation to a lower post shall be deemed
to have held the post of Secretary or Additional Secretary, as the case may be,
from the date such officers were granted promotion or actual promotion
whichever is earlier to the level of Secretary or Additional Secretary, as the case
may be, and the period spent on Central deputation after such date shall count
for qualifying service for the purposes of this clause.20
3. Qualification for appointment as Judicial Members: A person shall be
qualified for appointment as a Judicial Member if he is or has been qualified to

be a Judge of High Court or he has for at least two years held the post of Secretary
to the Government of India in the Department of Legal Affairs or the Legislative
Department including Member-Secretary, Law Commission of India or held a
post of Additional Secretary to the Government of India in the Department of
Legal Affairs and Legislative Department at least for a period of 5 years. 21 The
Administrative Tribunals (Amendment) Act, 2007 makes it clear that the
Chairman and Members appointed prior to Amending Act of 2007, on
completion of either their term of service or on attainment of 65 years in the case
of Chairman or 62 years in the case of Members of the Tribunal, whichever is
earlier, may be considered for fresh appointment. Proviso to Section 10A of

19
The Administrative Tribunal (Amendment) Act, 2006, s. 6(1).
20
The Administrative Tribunal (Amendment) Act, 2006, s. 6(2)(a).
21
The Administrative Tribunal (Amendment) Act, 2006, s. 6(2).
10

amended Act provides that such fresh appointment could be made only when the
criteria prescribed under amended Section 8 is satisfied and it is further subject
to the condition that the total term of office of the Chairman shall not exceed 5
years and that of a Member, ten years.22

JURISDICTION OF TRIBUNALS
Section 14 of the Act provides that from November 01, 1985, the Central Administrative
Tribunal shall exercise all the jurisdiction, powers and authority, exercisable
immediately before that day, by all courts (except the Supreme Court) in relation to the
recruitment and all service matters concerning the Central Civil Servants. The
expression ‘Central Civil Servants’ include:
➢ A member of any All-India Service;

➢ A person appointed to any civil service of the Union or to any civil post under
the Union;
➢ A civilian appointed to any defence service or a post connected with defence;

➢ A person appointed to a post under any local or other authority within the
territory of India or under the control of the Government of India; or a person
whose services have been placed at the disposal of the Central Government by a
State Government or any local or other authority or any corporation or society or
other body.

The expression “all court” in Section 14 of the Act is comprehensive enough to include
the High Courts and, therefore, if the subject-matter of the claim of the respondents is
held to be covered by Section 14, it must follow that the High Court is not left with any
jurisdiction to deal with the same. In case of P. Lal v. Union of India,23 the Supreme
Court held that Section 14 vests in the Tribunal the jurisdiction, power and authority
earlier exercised by courts, in respect of service matters. The expression “service
matters” means all matters relating to the conditions of service of government civil

22
The Administrative Tribunal (Amendment) Act, 2006, s. 10A.
23
AIR 2003 SC 1499.
11

servants.24 The expression matters relating to “recruitment and service matters” is wide
enough to cover all service matters, whether the allegation is the violation of the
provisions of Article 311 or any service rules framed under Article 309 of the
Constitution. The infringement of fundamental rights of the civil servants may be
agitated before the tribunals.21

any member of the

naval, military or air
force or of any other
armed forces of the
union
Category of
persons
outside the any officer or servant of
jurisdiction of the Supreme Court or of
tribunals any High Court or
(Section 2) courts subordinate
thereto;

any person appointed to

the secretarial staff
of either house of
Parliament or to the
Secretarial staff of any State
Legislature or a House
thereof

Section 15 and 16 provide for the jurisdiction, power and authority of the State
Administrative Tribunals (SAT) and the Joint Administrative Tribunals (JAT)
respectively, which are similar to as that of the Central Administrative Tribunal (CAT),
however concerning the matters relating to the affairs of the respective State
Government.
Whether the tribunal has power to issue any direction, order or writ under Article
226 and 227 of the Constitution of India?
In S.P. Sampath Kumar v. Union of India,25 the Supreme Court held that the Tribunal is
a substitute of the High Court and has inherited the power to issue “any direction, order

24
The Administrative Tribunal Act, 1985, s. 3(q).
21
J.B. Chopra v. Union of India, AIR 1987 SC 357.
25
(1987) 1 SCC 124.
12

or writ under Articles 226 and 227 of the Constitution with respect to the service
matters.” Immediately after this case, the Supreme Court in another case of J.B. Chopra
v. Union of India,26it was held that Tribunals have jurisdiction, power and authority to
even adjudicate upon questions pertaining to the constitutional validity or otherwise of
a rule framed by the President under proviso to Article 309. The Constitutional
Amendment through Articles 323-A and 323-B excluding the jurisdiction of all courts
except the Supreme Court under Article 136. This was challenged before the Supreme
Court in case of L. Chandra Kumar v. Union of India, 27the court held that the writ
jurisdiction of the High Courts is a part of the ‘basic structure’ of the Constitution and
hence cannot be barred by the Parliament. In this case, the court held that clause 2(d) of
Article 323A and clause 3(d) of Article 323B, to the extent they empower Parliament
to exclude the jurisdiction of the High Courts and the Supreme Court under Articles
226, 227 and 32 of the Constitution, are unconstitutional. In M.B. Majumdar v. Union
of India,28 the Supreme Court has observed that the Administrative Tribunals could not
be equated with High Courts.
Whether the Members of the Tribunals created under the Act are judges and their
orders are judgements or decrees within the meaning of Section 2(9) of CPC? The
Supreme Court in State of T, N. v. S. Thangavel,29 observed that the Members of the
tribunal created under the Act, are not judges and their orders are not judgments or
decrees within the meaning of Section 2(9) of the CPC.
Whether the High Court exercise jurisdiction over a Tribunal situated outside its
territorial limit? Recently, the Supreme Court has referred this matter to a larger
bench.30

PROCEDURE TO BE FOLLOWED BY THE TRIBUNALS

Section 19(1) of the Administrative Tribunals Act, 1985 provides that a person
aggrieved by an order pertaining to any matter within the jurisdiction of the Tribunal,
may make an application to the Tribunal for redressal of his grievance.

26
AIR 1987 SC 357.
27
AIR 1995 SC 1151.
28
AIR 1990 SC 2263.
29
1997 (2) SCC 349.
30
Union of India v. Sanjiv Chaturvedi & Ors. 2023 LiveLaw (SC) 162.
13

Rule 6 31 provide that an application shall be filed with the Bench within whose
jurisdiction:
i. The applicant is posted for the time being in force, or
ii. Where the cause of action wholly or in part has arisen.
The application shall be in such form and be accompanied by such documents or other
evidence and by such fee (if any, not exceeding one hundred rupees) in respect of the
filling of such application and by such other fees for the service or execution of
processes as may be prescribed by the Central Government. 32 The language of the
Tribunal shall be English provided the parties to a proceeding may file documents drawn
up in Hindi, if they so desire. 33 On receipt of an application, the Tribunal shall, if
satisfied, after such inquiry as it may deem necessary, that the application is a fit case
for adjudication or trial by it, admit such application. The tribunal may, after recording
its reasons, summarily reject the applications if it is so satisfied.34 The tribunal shall not
admit an application unless it is satisfied that the application had availed of all the
remedies available to him under the relevant service rules as to the redressal of
grievances.31 The tribunal shall not admit an application unless it is made within one
year from the date on which cause of action arose. In case, where an appeal preferred
or representation made to the Government or other competent authority, having more
of redressal of grievances of the applicant, and a period of 6 months had expired without
final order having been made by such authority, the tribunal shall admit an application
within one year from the date of expiry of the said period of 6 months.35 However, an
application may be admitted after the limitation period of one year or the limitation
period of 6 months, as the case may be, if the applicant satisfies the Tribunal that he had
sufficient cause for not making the application within such period.36 The notices to be
issued by the Tribunal may be served upon the respondent by any of the following
modes:
i. Service by the party itself;
ii. By hand delivery through process server;

31
The Central Administrative Tribunal (Procedural) Rules 1987.
32
The Administrative Tribunal Act, 1985 s. 19(2).
33
The Central Administrative Tribunal (Procedural) Rules, 1987, rule 3.
34
The Administrative Tribunal Act, 1985 s. 19(3).
31
The Administrative Tribunal Act, 1985 s. 20(1).
35
The Administrative Tribunal Act, 1985 s. 21(1).
36
The Administrative Tribunal Act, 1985 s. 21(3).
14

iii. By registered post;

iv. Through the concerned head of office of the same department.37
After the receipt of notice, the respondent shall file the reply to the application within
one month of the service of notice of the application on him. If the respondent fails to
file reply statement within such time, then the case shall be deemed to be ready for
hearing and included in the ready list for final hearing.38 In case where a reply has been
filed, the applicant may file a rejoinder to the reply statement and after that the case
shall be deemed to be ready for hearing and included in the ready list for final hearing.39
The Tribunal shall decide every application made to it as expeditiously as possible and
ordinarily it shall be decided on a perusal of documents and written representations and
after hearing such oral arguments as may be advanced.40 The Tribunal is not bound by
the procedure laid down in the Code of Civil Procedure, 1908. But it shall be guided by
the principles of natural justice.38

37
The Central Administrative Tribunal (Procedural) Rules, 1987, rule 11(1).
38
The Central Administrative Tribunal (Procedural) Rules, 1987, rule 31.
39
The Central Administrative Tribunal (Procedural) Rules, 1987, rule 32.
40
The Administrative Tribunal Act, 1985 s. 22(1).
38
Ibid.
15

Setting aside
any order of
dismissal or
any order
Requisitioning passed by it
any public Ex-parte summoning &
record or enforcing the
document; attendance of any
person &
dismissing a Examininghim on
representation The Tribunal oath
for default shall have the
power of Civil
Court under
CPC while
receiving trying a suit
evidence on Requiring the
affidavits; discovery and
production of
reviewing its documents
decisions. receiving
evidence on
affidavits;
issuing
commissions
for examination

Section 24 of the Act provides that no interim order shall be made on, or in any
proceedings relating to, an application. However, under the following circumstances an
interim order can be passed by the Tribunal where:
a) Copies of such application and of all documents in support of the plea for such
interim order furnished to the party against whom such application is made or
proposed to be made; and
b) Opportunity is given to such party to be heard in the matter.
The final decision of the Tribunal shall be described as “Order”.41 Every order of the
Tribunal shall be signed by the Member or Members constituting the Bench, which
pronounced the order.40
Whether the Chairman of Central Administrative Tribunal can grant stay
proceedings pending before a larger bench of High Court? Explaining the scope of
the powers of the Chairman of CAT, the Supreme Court in case of All India Institute of

41
The Central Administrative Tribunal (Procedural) Rules, 1987, rule 102.
40
The Central Administrative Tribunal (Procedural) Rules, 1987, rule 20.
16

Medical Sciences v. Sanjiv Chaturvedi42 observed that Section 25 makes it clear that the
Chairman deciding a question of whether a matter should be transferred from one Bench
to another cannot grant interim stay of proceedings, there being no power conferred on
the Chairman under the said section to pass such interim stay. The court further, held
that the Chairman cannot interfere with the functioning of the Benches or tinker with its
orders by passing interim orders in a transfer petition.
Whether the Amendment is Constitutionally valid?
The constitutional validity of the Amendment Act was challenged in A.K. Behra v.
Union of India, 43 the Apex Court by 2:1 upheld the constitutional validity of the
impugned amendment and dismissed the writ petition.

CONCLUSION

In view of the increasing role of administration in citizens' life, the administrative

tribunals are expected to play an important role in the redressal of citizens' grievances.
In this unit we have examined the nature of administrative tribunals and the various
reasons for their gaping importance. Various types of administrative tribunals are set up
in the country to address various issues, such as, the adjudication of disputes and
complaints of the public servants, redressal of consumer disputes, industrial disputes,
disputes pertaining to income tax etc. They provide greater flexibility in administering
justice and provide relief to the courts. But at the same time, they suffer from some
limitations as they sometimes violate the principles of natural justice, lack uniform
pattern of administering justice and also suffer from the lack of a proper background on
law or judicial work. However, with certain safeguards it is possible to rectify some of
these limitations. The administrative tribunals should have people with legal training
and experience. A code of judicial procedures should be devised and enforced for their
functioning.

42
2019 SCC OnLine SC, 118.
43
(2010) 5 SCALE 472.
17

References

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