CAT – Central Administrative Tribunal – its Jurisdiction & Powers
CAT
Need of CAT (Central Administrative Tribunal)
The CAT Delhi is exercising as Principal Bench at Delhi under the Administrative Tribunal Act, 1985.
There are various benches of CAT in all over India but notwithstanding this CAT Delhi may admit any Original Application subject to permission given by Chairperson.
Central Administrative Tribunal
The Central Administrative Tribunal has been set up to decide service matters of Central Government Employees and autonomous bodies coming under the jurisdiction of the Tribunal.
One judicial member and one administrative member are disposing the important services matters.
Power of Central Administrative Tribunal
The Administrative Tribunal are substitutes for the High Courts, Their powers and authority, therefore, Tribunal will have the powers same as of High Court in service matter except that the tribunal cannot exercise power under Article 226 and 227 of the Constitution.
Jurisdiction of CAT
CAT has jurisdiction to deal with the issues pertaining to service matter of the Central Government Employees.
Here the service matter means all matters pertaining to terms and condition of services of employees.
The Supreme Court in the case of JB Chopra Vs Union of India, AIR 1987 SC 357 had held that administrative tribunal can deal with question pertaining to constitutional validity of statutory rules.
Appeal against CAT Order
After disposal of case by CAT, the aggrieved party may file appeal before jurisdictional High Court.
If Central Administrative Tribunal Delhi disposed any case, the aggrieved party can file Writ Petition before Delhi High Court only.
Type of Service Matter in CAT
The Central Administrative Tribunal may deal following matters:-
(a) Condition of Service
(b) Termination of temporary employee
(c) Dismissal or Removal from Service
(d) Minor or Major Penalty
(e) Promotion
(f) Adverse Remarks in ACR/ APAR
(g) Departmental Promotion Committee
(h) Premature Retirement
(i) Pension Matters etc.
In respect of Central Government Employees the maximum head offices are situated in Delhi. Therefore, any service matter advocate in Delhi can file Original Application in CAT Delhi by impleading respondents.
Frequently Asked Questions
1. Is Central Administrative Tribunal equal to High Court?
Answer: No, CAT is not equal to High Court; however CAT is substitutes for High Court in dealing with service matters.
High Court is constitutional Court and it exercises its power under Article 226 /227 of the Constitution of India.
2. Can Central Administrative Tribunal deal with validity of statutory rules made under Article 309 of Constitution of India?
Answer: Yes, in the case of JB Chopra Vs Union of India, AIR 1987 SC 357 the Supreme Court held that administrative tribunal can deal with question pertaining to constitutional validity of statutory rules.
3. What is limitation period for filing of petition before CAT?
Answer: Section 21 of the Administrative Tribunal Act provides one year limitation period from passing final order.
4. Can Tribunal interfere in the Transfer Orders?
Answer: Yes.
5. Can individual file application before Tribunal against show cause notice?
Answer: The show cause notice is only for inviting reply to afford an opportunity of hearing before the final decision. Hence, application before CAT is premature.
However, Tribunal can interfere in any show cause notice which was passed without jurisdiction.
Important Question Answer on CAT matters.
6. What is the time limit for filing of OA in pension matters?
Answer: Pension is recurring nature cause of action, therefore, no limitation act applies, and however, financial relief may be restricted.
7. Can Tribunal entertain Public Interest Litigation (PIL) ?
Answer: No, Tribunal cannot entertain Public Interest Litigation (PIL)
8. What is the remedy of awarding low marks in ACR / APAR with adverse remarks?
Answer: If IO/RO awards low marks with adverse remarks without previous opportunity of improvement, CAT may interfere in these matters.