Report No. 162
Revised Additional Questionnaire on Administrative Tribunal
Central/State Administrative Tribunal
Section I: Working of Administrative Tribunals Proposed Changes In Structure and Measures to Be Take for Providing an Efficacious Forum
1. Do you think that the existing arrangement of having Administrative and Judicial Members under the Administrative Tribunals Act, 1985 are satisfactory working effectively?
2. Should the Administrative Member always sit in a Bench alongwith the Judicial Member?
3. Whether Administrative Member's help is necessary in dealing with the complex administrative matters more effectively by using his expertise on the subject?
4. Do you think that the provisions of section 6 of the Administrative Tribunals Act, 1985, namely, a person shall not be qualified for appointment as a Judicial Member unless "he 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" has really helped in the effectiveness, efficacy, standard and status as that of High Court? If not, what are your suggestions on it?
5. Would you suggest for, enlarging the ambit of source of personnel for eligibility as Judicial Member and including personnel from all departments of Ministry of Law of Government of India and of Law Departments or State Governments, who are holding the rank equal to the rank of a Joint Secretary to the Government of India dealing with law?
6. Should the Tribunal constituted under the Administrative Tribunal Act, 1985 be placed under the administrative control of the Ministry of Law and Justice?
7. Should the necessary rules be framed governing the matters which will, be heard by a Single Member Bench of the Central Administrative Tribunal or State Administrative Tribunal respectively?
8. What suggestions would you make in respect of allocation of cases for disposal by a Bench comprising a single Member and by a Division Bench in regard to the matters falling within the jurisdiction of the Central/State Administrative Tribunal in order to bring uniformity and facilitate proper exercise of jurisdiction?
9. Do you agree that in cases where the Benches of the Central Administrative Tribunal or the State? Administrative Tribunal are required to comprise only one member, he should necessarily be a judicial member?
10. Should the Administrative Member while sitting in a Bench along with a Judicial Member act only in the capacity of an assessor? Should his role be confined only to assessment of facts?
11. Do you think that if the Bench is to consist of two members then it should be presided over only by Judicial Member?
12. Should an appeal lie against the decision of the Bench of Tribunal comprising a single member, to a larger Bench of the Central Administrative Tribunal or State Administrative Tribunal respectively?
13. Whether the concerned larger Bench of the Central/State Administrative, Tribunal can post the appeal for admission after due notice and dispose of the same at the admission stage if the appeal is not maintainable?