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Central Administrative Tribunal. (CAT) - Case. Central Administrative Tribunal. Administrative Tribunal Act, 1985 came into effect from July 1985 Object – to easing the congestion of pending cases related to service matters in various High Courts and other Courts in the country.
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Central Administrative Tribunal (CAT) - Case
Central Administrative Tribunal • Administrative Tribunal Act, 1985 came into effect from July 1985 • Object – to easing the congestion of pending cases related to service matters in various High Courts and other Courts in the country. • There are 17 Tribunal Benches (HQ of High Court) and 33 Division Benches • In addition, circuit sittings will be held
Central Administrative Tribunal • Jurisdictions • For adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts • All Central Government Employees and Employees of 45 other organizations notified by the central Govt.
Central Administrative Tribunal • Each Bench is headed by Chairman (sitting or retired Judge of High Court) and is assisted by Vice-chairman and Members • Tribunal follows the principles of natural justice in deciding cases and deals with only service matters
Cause of action arises: • When all the channels are exhausted • If no reply received for appeal • Six months after appeal.
Time limit • One year from the date of cause of action • Continuous cause of action in cases like • non settlement of pension • nonpayment of pay
Defending CAT case: • Get full facts of the case • Application for vacation of interim order may be made • Prepare reply • objection relating to delay should be raised first • objections relating to jurisdiction.
Defending CAT case… • Reply should be verified and signed by the authorized officer. • All relevant documents relied upon should be annexed to reply • Relevant file/documents to be sent to CO/RO for defending the case
Final Order on CAT case… • Obtain copy of final order • Get legal opinion for review/writ/SLP • Take steps to • File writ/SLP • Implement the order
Exercise 10.2.8 Case study