Handling of Central Administrative Tribunal Cases (Prepared by Savithri S Mani)

1. Handling of Central Administrative Tribunal Cases(Prepared by Savithri S Mani)

2. Principal bench (New Delhi Allahabad Bench Lucknow Bench Bangalore bench Calcutta bench Chandigarh Bench Cuttack bench Ernakulam Bench Guwahati Bench Hyderabad bench Jabalpur bench Jodhpur bench Jaipur bench Madras bench Bombay bench Patna bench Benches of CAT

3. Functioning of the CAT • Single Bench • Change of Date of Birth • Adverse entries in ACR • Compassionate Appointment • Allowances • L.T.C. • Transfer • Pension • GPF

4. Functioning of the CAT • Division Bench • Seniority • Promotion • Termination • Disciplinary proceedings • Full Bench – constituted as and when required. • Specific issues wherein there have been conflicting order on various occasions

5. Affidavit Applicant Application Members Bench Cause List Brief Transmission Form CCP Contempt Cost Division / Single Bench Default Deponent Estoppel Ex-parte Interim order CAT Terms

6. Index Jurisdiction Limitation On Board Oral order Part heard Pleadings Preliminary Objections Presenting Officer Rejoinder Reply Res-Judicata Respondent Restoration Review Application Special leave Petition Ultra Vires Verification CAT Terms

7. Types of Applications • Original Application • Transferred Application • Review Application • Contempt Petition • Petition for Transfer • Miscellaneous Application

8. Who can file an application • Subject to the provisions of the AT Act, 1985 a person, aggrieved by any matter within the jurisdiction of the Central Administrative Tribunal can file an application in the CAT.

9. On Reciept of Notice • Either by post or through officials • Dasti • To be acknowledged indicating Date and Time of receipt • Type of notices • Notice to show cause against admisison • Notice after admission – for the purpose of contesting the case • Notice meant for the employees working under the respondent department

10. On Reciept of Notice • HoD to get the notices served on private respondents and file an affidavit confirming compliance • Check who will defend the case • Call information from the co-respondents • Primary respondent to engage a Government Counsel • A departmental officer can also be authorized (Group A officer with the approval of Minister-in-Charge)

11. Preparation and Filing of Reply • Ascertain the veracity of the facts narrated by the applicant • Ascertaining the correct facts relating to the issue agitated in the OA • Exploring the possibility of raising any preliminary objections regarding maintainability of the OA • Collection of documents in support of the cases of the respondents

12. Preparation and Filing of Reply • Collection of documents in support of the case of the respondents • Identification of any identical case file dby any other employees of the department for similar relief • No need to reinvent wheel • Will facilitate linking and disposal together • Identification of any precedent – especially unreported cases.

13. Preparation and Filing of Reply • Prepare the reply as per the prescribed format – • Identity of the official filing the reply • His competence to file the reply • Confirmation that he has read the OA fully etc. • Brief background of the case • Specifically “Admit” or “Deny”. If denying give reasons.

14. Preliminary Objections • Jurisdiction • Place of filing application • Limitation • Mis-Joinder & Non-Joinder of parties • Res-judicata (A thing which has been decided) • Estoppel • Non-exhausting of official rememdies

15. Preliminary Objections • Suggestio falsi and suppressio veri • Plural remedies

16. Place of filing application • The applicant is posted for the time being, or • The cause of action, wholly or in part, has arisen • With the leave of Chairman, can also be filed in PB • A person who is not in service – at the place where he is ordinarily residing.

17. Limitation • Section 21 • Within one year from the date of passing of the final order • Representation – six months + 1 year • Three years preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable if not already challenged – to be filed within six months

18. Limitation • Can be condoned – generally a separate MA is filed by the applicant • Respondents can challenge the maintainability of the OA on the ground of Limitation alone • Repeated representations not a valid ground

19. Preparation and Filing of Reply • While drafting reply: • Avoid repetition of facts and invite attention to the relevant facts • Point out the additional facts given by the applicant which are not relevant to the OA and which the respondent is not in a position to prove. • Formal statements does not call for reply. • Keep the language clear

20. Preparation and Filing of Reply • Avoid abbreviations • Quote exact statutory provisions • Bring out the prayer clearly. • Get the draft reply approved by the Govt Counsel • Get it vetted by the Legal Adviser • Get it signed by an authorised signatory • File the reply and take acknowledgement

21. Listing and Posting of Cases • Ready List – for internal use • Warning List –cases likely to be listed for regular hearing • Daily cause list – published by 5:30 p.m. everyday giving details of the cases to be heard on the next day. • Quorum, Court Halls, Details of the cases – party name, legal practition name etc. • Regular matters and cases for pronouncement of Order, for admission, direction etc.

22. Listing and Posting of Cases • Order in which cases are taken: • Pronouncement of judgements • Mention • Cases for admission / direction etc. • Regular matter • If applicant is absent – may be dismissed in default or decided on merit after hearing the respondent • If

23. Listing and Posting of Cases • If the respondent is absent, the case may be decided ex-parte by hearing the applicant • If both the parties are absent, the case may be dismissed for default or appearance of the applicant or may be decided on merit by perusal of the written submission • If both the parties are present, the case will be heard. • Part Heard cases – to be heard by the same bench

24. Review Application • Section 22 of the AT Act, 1985 • Same power as are vested in a Civil Court under the Code of Civil Procedure 1908 under the following circumstances • On the basis of discovery of new and important matter of evidence which after exercise of due diligence, was not within the applicant’s knowledge or could not be produced by the party at the time when the order was passed; • On account of mistake or error apparent on the face of the judgement; • Or for any other sufficient reason.

25. Review Application • Detailed argument is not necessary • Party will not be allowed to reopen a case under the guise of review • Plea not taken in the OA cannot be taken • To be filed within 30 days from the date of receipt of the copy of the order • Can be decided by circulation without listing the cases.

26. Review Application • RA and CA to it to be supported by sworn affidavits. • Review is without prejudice of right to appeal. • Even after losing SLP in SC, RA can be filed. • Pendency of RA valid defence in Contempt proceedings