Focus: GS-II Governance, Prelims
Why in news?
18th Bench of Central Administrative Tribunal (CAT) for the Union Territories of Jammu and Kashmir and Ladakh was inaugurated on 8th June 2020.
All three important agencies of DoPT (Department of Personnel and Training)- CAT, CIC and CVC are now operational in UTs of J&k and Ladakh.
Central Administrative Tribunal (CAT): History of formation
The Supreme Court in its judgement in 1980 observed that civil servants should not waste time in fighting battles in ordinary courts and suggested the establishment of such tribunals, based on recommendations by 1960’s Administrative Reforms Commission.
- Article 323A of the Constitution provides for the setting up of administrative tribunals for adjudication of disputes in matters pertaining to recruitment and conditions of services of persons employed in public services.
- Parliament passed a law to establish administrative tribunals in India.
- The Act visualizes a Central Administrative Tribunal (CAT) for the Centre and state administrative tribunal for a particular state.
The CAT was created by Administrative Tribunals Act in 1985.
It was established under Article 323A of the Constitution of India, By the 42nd Constitutional Amendment Act.
Hence, they are Constitutional Bodies.
How does CAT Function?
- It enjoys the status and power of High Court.
- In disposing of cases, it follows the principles and norms of natural justice.
- Appeals against its orders lie only with the Supreme Court of India.
- The aggrieved person may appear before it personally.
- It is a multi-member body whose members are drawn from judicial and administrative streams so as to give it the benefit of expertise legal as well as administrative fields.
- The administrative tribunals deal exclusively with service litigation and are free from the formalities of legal technicalities.
- The Central Administrative Tribunal (1985) has regular benches operating at the principal seats of High Courts.
Jurisdiction of CAT
The CAT exercises original jurisdiction over all service matters concerned with:
- Members of the all-India services.
- Persons appointed to any civil service of the Union or civil post under the Union.
- Civilians appointed to any defence services or posts related to defence.
- Employees of PSUs or public sector organisations notified by the government.
Members of the defence forces, officers, Supreme Court staff, the Parliament’s secretarial staff are not covered under the CAT.