QUES . “The Central Administration Tribunal which was established for redressal of grievances and complaints by or against central government employees, nowadays is exercising its powers as an independent judicial authority.” Explain. UPSC 2019 GS MAINS PAPER 2. 150 words. 10 Marks
HINTS:
The Central Administrative Tribunal had been established under Article 323 A of the Constitution (by 42nd constitution amendment act 1976) for adjudication of disputes and complaints 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 authorities under the control of the Government. Under the provisions of this article, administrative tribunals act, 1985 was enacted.
Central Administrative Tribunal established for redressal of grievances
֍ Governed by the principle of Natural Justice to address grievances of employess.
֍ Looks into matter of promotion and recruitment.
֍ Works for the improvement in the conditions of the service.
֍ Ensures no biasness is carried out by government towards its employees.
Over a period of time Central Administrative Tribunal has gradually evolved into an independent judicial authority:
֍ Over time, CAT has developed its own principle and rationality for cases as happens with judiciary.
֍ The Supreme Court in its 2001 judgment has held that Section 17 of the Administrative Tribunals Act, 1985, confers jurisdiction on the CAT to punish for its contempt.
֍ Passing independent judgments like reinstatement of a Kerala IPS officer Jacob Thomas, former Vigilance Director, despite political pressure in 2019.
֍ Not bound by the code of civil procedure and bound only by principles of natural justice, It has provided several cheap and faster remedies to many public servants.
֍ In cases concerning revoking of suspension orders the Tribunal did interfere with the decisions taken by the relevant ministry or department.
֍ Administrative adjudication is a negation of rule of law. Central Administrative Tribunal with its separate laws and procedures often made by themselves, puts a serious limitation upon the principles of rule of law.
֍ Tribunalisation is seen as an encroachment of the judicial branch by the government.
֍ A uniform code of procedure is not there. At times they adopt summary procedures to deal with cases coming before them.
However, Central Administrative Tribunal cannot be regarded as an independent judicial authority:
֍ After Chandra Kumar’s case verdict appeal from a tribunal can be filed in high court. All decisions of Tribunals created under Article 323A and Article 323B of the Constitution will be subject to the scrutiny before a Division Bench of the High Court within whose jurisdiction the concerned Tribunal falls.
֍ Tribunal members do not enjoy powers like judges who hold constitutional posts.
֍ Functioning of Administrative tribunals suffer from lack of autonomy especially in terms of appointment and funding.
Thus, it can be argued that the tribunal which was formed for grievance and complaints redressal has evolved into a judicial body but it cannot be called entirely independent. In the interest of better justice delivery, the traditional structure and methods of functioning of Central Administrative Tribunal can be reformed.
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External link: https://dopt.gov.in/sites/default/files/I-42011_1_2011-AT-23082012.pdf
