FAQ on Central Administrative Tribunal by DoPT

Notification No. I-42011/1/2011-AT dated 23/08/2012 by DoPT

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.

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 other local authorities within the territory of India or
under the control of Government of India and for matters connected therewith or
incidental thereto.

Ans. (1) A person shall not be qualified for appointment as the Chairman
unless he it, 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.

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, Ranch’, Pondicherry, Gangtok, Port Blair, Shillong,
Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital

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 (6) 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.

Source/Order: http://www.persmin.nic.in [click here]

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