Report No. 162
Questionnaire on service Tribunal
1. Are you satisfied with the functioning of the Central and State Administrative Tribunals? If not, kindly state your reasons for the same.
2(a). Do you think that the present system of constitution of the Tribunals having Judicial and Administrative Members is satisfactory and working efficiently? If not, please give your reasons and suggestions.
(b). Do you agree with the suggestion that these tribunals should be manned only by the Judges and judicial officers to the exclusion of the administrative members? If so, state your reasons.
3. Do you think that the service tribunals as they are constituted presently are satisfactorily catering to the needs of the litigants? Is it correct to say that the tribunals as constituted at present, are good substitutes for the High Courts? If not, kindly state your reasons.
4(a). At present there is no appeal against the order of the tribunal but appeals are straightaway being filed before the Supreme Court under Article 136 of the Constitution which is increasing the workload on the apex constitutional court. Should this system be continued? If not, what modification you would suggest in this regard.
Any party filing appeal before Supreme Court under Article 136 of the Constitution against the order of the tribunal has to incur exorbitant cost and even for trivial service matters arising out of disputes relating to increment, seniority, promotion, interpretation of service rules etc., a litigant has to travel to Delhi from far off places by incurring considerable cost. Does this require a change in the system by devising any other appellate forum? If so, in what manner?
Do you agree with the suggestion that three should be one appeal on facts as well as on questions of law against orders of the tribunal? If so, before which authority, the High Court, the Supreme Court or a separate Appellate Tribunal.
Do you agree that appeals against the order of tribunals should be maintainable, before the High Court on questions of fact and law and in order to ensure speedy disposal the High Courts should be required to constitute permanent service benches for the Central Government and the State Government servants to deal with the service matters exclusively?
(c) If you do not agree with the appeal being filed before the High Court, do you agree with the suggestion for the constitution of appellate tribunals with Benches on regional basis to entertain and hear appeal against the orders of the tribunals?
6. Do you agree with the view that the multiplicity of the tribunals is destructive of the uniformity of law in India? If so; please state your reasons.
7. Do you agree with the suggestion that the selection of Chairman/Vice-Chairman and Members of the tribunal should be made by the Chief Justice of India in case of CAT and in the case of SAT by the Chief Justice of respective High Court or a Committee appointed by the respective Chief Justice. If not, please state your reasons.
8. Do you agree with the suggestion that the Administrative Ministry for the CAT and SAT should be Ministry of Law?
9. Do you suggest any change in the definition of "service matters"?
10. Have you any other suggestions to make?