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Report No. 162

Section II: Appeal to The Proposed National Administrative Appellate Tribunal

28. Would you suggest that an appeal should lie from the decision of the Central Administrative Tribunal and the State Administrative Tribunal to the proposed National Administrative Appellate Tribunal?

29. Would you suggest that the proposed National Administrative Appellate Tribunal should be located Delhi, having four or more benches in various parts of the country?

30. Should the National Administrative Appellate Tribunal have overall control in administrative, Financial and other matters over all the Benches of the Tribunal?

31. Should the National Administrative Appellate Tribunal at Delhi consist of-

(a) Chairman; and

(b) One or two judicial Members only.

32. Should every other Bench of the proposed National Administrative Appellate Tribunal consist of a Vice-Chairman and one or two Members, or two or more Members?

33. Should the appointment of the Chairman, Vice-Chairman and Members of the proposed National Administrative Appellate Tribunal be made by a permanent high-powered selection committee headed by the Chief Justice of India or a sitting judge of the Supreme Court nominated by him, as suggested in S.P. Sampath Kumar v. Union of India case.

34. Should a person be eligible to be appointed as a Chairman of the proposed National Administrative Appellate Tribunal if he has been the Chief Justice of the Supreme Court of India or a Judge of the Supreme Court of India?

35. Should a person be made eligible to be appointed as Vice-Chairman of the proposed National Administrative Appellate Tribunal if he has been either a Judge of the Supreme Court or a Chief Justice of a High Court?

36. Should a person be made eligible to be appointed as a Judicial Member of the proposed National Administrative Appellate Tribunal, if he is or has been a Judge of a High Court?

37. Should the term of appointment of the Chairman, Vice-Chairman and Member of the proposed National Administrative Appellate Tribunal be three years with a further provision that they may be re-appointed for a period upto three years as the situation requires?

38. Do you agree with the view that the orders of the proposed National Administrative Appellate Tribunal or Benches thereof shall be final and no appeal shall lie against its order in any court?

39. Do you agree with the suggestion that the appeal to the proposed National Administrative Appellate Tribunal should lie only on the following grounds:-

(a) Violation of Fundamental Rights;

(b) Want or excess of jurisdiction;

(c) Substantial question of law of general importance;

(d) Error of law or error apparent on the face of record; and

(e) Perverse findings.

40. Do you agree that an appeal may be filed in the respective Bench of the Central Administrative and the State Administrative Tribunal as the case may be against whose order the appeal has been preferred? If so, the Registry of the Tribunal shall forward the same to the concerned Bench of the proposed National Administrative Appellate Tribunal. The Bench of the proposed National Administrative Appellate Tribunal shall fix the tentative date for admission before it and accordingly inform the parties concerned.

The appeal may then be heard by the concerned Bench of the National Administrative Appellate Tribunal? However, in urgent matters involving stay of proceedings or other matters, the aggrieved party may directly file the appeal before the concerned Bench of the proposed National Administrative Appellate Tribunal.

41. Should the concerned Bench of the National Administrative Appellate Tribunal be empowered to dispose of the appeal at the admission stage if it is not maintainable?

42. Whether there should be a time-limit for the disposal of an appeal? If so, what should be the time limit?

43. Do you agree that no appeal shall lie before the National Administrative Appeal are Tribunal against the decision of a Single Member Bench or the Central Administrative Appellate Tribunal or the State Administrative Tribunal in view of the proposed provisions for appeal against the decision of the Single Member Bench to a larger Bench of the Central/State Administrative Tribunal respectively?

44. Whether there should be a time limit for disposal of such an appeal? If so, what should be the time-limit?



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