Q.1. What Is the
objective behind setting up of Central Administrative Tribunal?
Ans. To provide in-expensive and speedy
relief to Central Government Employees in respect of their grievances related
to service matters.
Q.2. What are the
jurisdiction of a Central Administrative Tribunal?
Ans. CAT adjudicates disputes with respect to
recruitment and conditions of service of persons appointed to public services
and posts in connection with the affairs of the Union or local authorities
within the territory of India or other under the control of Government of India
and for matters connected therewith or incidental thereto.
Q.3. What are the
qualifications for appointment as Chairman and other Members of the Tribunal? •
Ans.
(1) A person shall not be qualified
for appointment as the Chairman unless he is, or has been, a Judge of a High
Court: Provided that a person appointed as Vice-Chairman before the
commencement of this Act shall be qualified for appointment as Chairman if such
person has held the office of the Vice-Chairman at least for a period of two
years.
(2) A person shall not be qualified for
appointment,-
(a) as an Administrative Member, unless he
has held for at least two years the post of Secretary to the Government of
India or any other post under the Central or State government and carrying the
scale of pay which is not less than that of a Secretary to the Government of
India for at least two years or held a post of Additional Secretary to the
Government of India for at least five years or any other post under the Central
or State Government carrying the scale of pay which is not less than that of Additional
Secretary to the Government of India at least for a period of five years: Provided
that the officers belonging to All India Services who were or are on Central
deputation to a lower post shall be deemed to have held the post of Secretary
or Additional Secretary, as the case may be, from the date such officers were
granted proforma promotion or actual promotion whichever is earlier to the
level of Secretary or Additional Secretary, as the case may be, and the period
spent on Central deputation after such date shall count for qualifying service
for the purpose of this clause;
(b) as a Judicial Member, unless he is or
qualified to be a Judge of a High Court or he has for at least two years held
the post of a Secretary to the Government of India in the Department of Legal
Affairs or the Legislative Department including Member-Secretary, Law
Commission of India or held a post of Additional secretary to the Government of
India in the Department of Legal Affairs and Legislative Department at least
for a period of five years.
Q.5. Where are the
benches of Central Administrative Tribunals located?
Ans. There
are 17 Benches of the Tribunal, located throughout the country wherever the
seat of a High Court is located, with 33 Division Benches. In addition, circuit
sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior,
Bilaspur, Ranchi, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima,
Imphal, !tanager, Aizwal and Nainital
Q.6. what are the
limitations of admitting an application?
Ans.
As per Section 21 of the Administrative Tribunal Act, 1985 :- (1) A Tribunal
shall not admit an application,-
(a) In a case where a final order such as is
mentioned in clause (a) of sub- (2) of section 20 has been made in connection
with the grievance unless the application is made within one year from the date
on which such final order has been made;
(b) In a case where an appeal or
representation such as is mentioned in clause (b) of sub-section (2) of section
20 has been made and a period of six months had expired thereafter without such
final order having been made within one year from the date of expiry of the
said period of six months.
(2)
Notwithstanding anything contained in sub-section (1), where —
(a) the grievance in respect of which an
application is made had arisen by reason of any order made at any time during
the period of three years immediately preceding the date on which the
jurisdiction, powers and authority of the Tribunal becomes exercisable under
this Act in respect of the mater to which such order relates; and
(b) no proceedings for
the redressal of such grievance had been commenced before the said date before
any High Court, the application shall be entertained by the Tribunal if
it is made within the period referred to in clause (a), or, as the case may be,
clause (b). of sub section (1) or within a period of six months from the said
date, whichever period expires later.
3. Notwithstanding anything contained in
sub-section (1) or sub-section(2), an application may be admitted after the period
of one year specified in clause (a) or clause (b) of sub-section (1) or, as the
case may be, the period of six months specified in sub-section (2), if the
applicant satisfies the Tribunal that he had sufficient cause for not making
the application within such period.
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