Report No. 162

Chapter IV

Central Administrative Tribunal

4.1. We shall first take up and deal with the Administrative Tribunals constituted under the Administrative Tribunals Act, 1985.

4.2. Constitution of the Central Administrative Tribunal.-

In 1976, by the Constitution 42nd Amendment Act, Part XIVA containing Articles 323A and 323B was included in the Constitution of India by which the Parliament and the State Legislatures were authorised to constitute administrative tribunals for service matters and Tribunals for certain other matters. In 1985, the Parliament passed the Administrative Tribunals Act.

Some of its relevant provisions are being discussed below. Chapter II of the Act deals with the establishment of tribunals and benches thereof. Section 4 provides for establishment while section 5 deals with composition of the tribunal and benches thereof. Section 6 lays down the qualifications of Chairman, Vice-Chairman and Members. So far as the Chairman is concerned, sub-section (1) requires that he should be or have been-

(a) a judge of a High Court; or

(b) has, for at least two years, held the office of Vice-Chairman;

(c) (omitted by Act 51 of 1987)

Sub-section (2) prescribing the qualification for Vice-Chairman provides that he should be or have been-

(a) a judge of a High Court or qualified to be a judge of a High Court (inserted by section 3(b) of Act 51 of 1987); or

(b) has, for at least two years, held the post of a Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of a Secretary to the Government of India; or

(bb) has, for at least five years, held the post of an Additional Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of an Additional Secretary to the Government of India; or

(c) has, for a period of not less than three years, held office as [a Judicial Member or an Administrative Member].

Sub-section (3) prescribes the qualification of a Judicial Member and requires that:

(a) he should be or should have been or qualified to be a judge of a High Court; or

(b) has been a Member of the Indian Legal Service and has held a post in Grade I of that service for at least three years.

Sub-section (3A) provides the qualification for appointment as Administrative Member and lays down that such person (a) should have, for at least two years, held the post of an Additional Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay not less than that of an Additional Secretary to the Government of India; or (b) has, for at least three years, held the post of a Joint Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India, and shall in either case have adequate administrative experience.

Section 8 of the Act prescribes the term of office and provides that the term for Chairman, Vice-Chairman or Members shall be of five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another term of five years. The proviso to section 8 provides that no Chairman, Vice-Chairman or other Member shall hold the office after he has attained, in the case of Chairman or Vice-Chairman, the age of 65 years, and in the case of any other Member, the age of 62 years.

Chapter III of the Act deals with jurisdiction, powers and authority of tribunals. While section 14 deals with jurisdiction, powers and authority of the Central Administrative Tribunal, section 15 is concerned with State Administrative Tribunals and section 16 deals with Joint Administrative Tribunal.

It is pertinent to quote the provisions laid down under section 14 below:-

"14. Jurisdiction, powers and authority of the Central Administrative Tribunal.-(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court) in relation to-

(a) recruitment and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian;

(b) all service matters concerning -

(i) a member of any All-India Service; or

(ii) a person [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any civil service of the Union or any civil post under the Union; or

(iii) a civilian [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any defence service or a post connected with defence; and pertaining to the service of such member, person or civilian, in connection with the affairs of the 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 [or society] owned or controlled by the Government;

(c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation [or society] or other body, at the disposal of the Central Government for such appointment.

[Explanation.-For the removal of doubts, it is hereby declared that reference to "Union" in this sub-section shall be construed as including references also to a Union territory.]

(2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controlled by Government, not being a local or other authority or corporation [or society] controlled or owned by a State Government:

Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section 'in respect of different classes of, or different categories under any class of, local or other authorities or corporations [or societies].

(3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) in relation to-

(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [or society]; and

(b) all service matters concerning a person [other than a person referred to in clause (a) or clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs."