The Central Administration Tribunal which was established for redressal of grievances and complaints by or…

Question

The Central Administration Tribunal which was established for redressal of grievances and complaints by or against central government employees, nowadays is exercising its powers as an independent judicial authority. Explain.

Ghissu Editorial · Accepted Answer

The Central Administrative Tribunal now works as a court of first instance with High Court powers whose orders bind the Union, subject only to High Court review. L. Chandra Kumar (1997) made it the mandatory first forum and let it test service rules.

**Introduction**

The Central Administrative Tribunal (CAT), created in 1985 under Article 323A, was meant to settle service disputes of Union employees quickly. It now works as a court of first instance whose orders bind the government itself.

**How CAT Acts as an Independent Judicial Authority**

1. **High Court powers**: Section 17 of the Administrative Tribunals Act 1985 gives CAT contempt powers like a High Court, and Section 22 binds it to natural justice instead of the Civil Procedure Code.
2. **Exclusive first forum**: L. Chandra Kumar (1997) required service litigants to approach CAT first, and allowed it to test statutes and rules, except its parent Act, against Articles 14 and 16.
3. **Binding orders**: Benches led by judicial members quash dismissals and set aside promotions or transfers, and ministries must comply.

**Limits on CAT's Judicial Independence**

SKETCH: flow | Service Dispute Route
- Aggrieved employee
- CAT bench
- HC division bench
- Supreme Court

1. **High Court supervision**: Every CAT order can be challenged before a High Court division bench, and Alapan Bandyopadhyay (2022) held this must be the High Court with territorial jurisdiction over the bench.
2. **Executive control**: CAT's budget and administration sit with the Department of Personnel and Training, itself a frequent litigant before it.
3. **Tenure concerns**: Rojer Mathew (2019) and Madras Bar Association (2020, 2021) struck down short tenures and executive-led selection, and bench vacancies still delay hearings.

**Conclusion**

CAT is now a genuine judicial authority that binds the Union, though it stays under High Court review. An independent National Tribunals Commission to run it would complete this transformation and strengthen the rule of law.

The Central Administration Tribunal which was established for redressal of grievances and complaints by or against central government employees, nowadays is exercising its powers as an independent judicial authority. Explain.

Model answer

Practise this question

Structure, Organization and Functioning of the States Judiciary4 questions

Ghissu