Service Matter

Central Administrative Tribunal [CAT]

With a view to easing the congestion of pending cases in various High Courts and other Courts in the country, Parliament had enacted the Adminisitrative Tribunals Act, 1985. Administrative Tribunals are located throughout country, wherever the seat of a High Court is located. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranchi, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital.

The Central Administrative Tribunal has been established for adjudication of 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. This was done in pursuance of the amendment of Constitution of India by Articles 323A. In addition to Central Government employees, the Government of India has notified 45 other organizations to bring them within the jurisdiction of the Central Administrative Tribunal. The provisions of the Administrative Tribunals Act, 1985 do not, however, apply to members of paramilitary forces, armed forces of the Union, officers or employees of the Supreme Court, or to persons appointed to the Secretariat Staff of either House of Parliament or the Secretariat staff of State/Union Territory Legislatures.

A Chairman who has been a sitting or retired Judge of a High Court heads the Central Administrative Tribunal. Besides the Chairman, the authorized strength consists of 16 Vice-Chairmen and 49 Members..

The Tribunal follows the principles of natural justice in deciding cases and the procedure, prescribed by Evidence Act or CPC does not apply.

The Central Administrative Tribunal is empowered to prescribe its own rules of practice for discharging its functions subject to the Administrative Tribunals Act, 1985 and Rules made there under. For this purpose, the Central Administrative Tribunal Rules of Practice, 1993 have been notified. Similarly, for the purpose of laying down a common procedure for all Benches of the Tribunal, the Central Administrative Tribunal (Procedure) Rules, 1987 have been notified. Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.

Hello Counsel undertakes Service Matters all over India. For convenience sake we have categorised issues pertaining to the Service Law in the following categories.

Central Government Industrial Tribunal-cum-Labour Courts (CGIT-cum-LCs)

Central Government Industrial Tribunal-cum-Labour Courts (CGIT-cum-LCs) are set up under the provisions of Industrial Disputes Act, 1947 for adjudication of industrial disputes concerning Central Govt. Labourers/ workers. The CGIT are headed by Presiding Officers who are selected from amongst retired High Court Judges or Addl. Distt. Judges.

Vital Features Of Service Matters

• Court Martial Matters

Govt. & Public Sector Undertaking [PSU]

• Armed Forces

• Teachers

Courts Of Competent Jurisdiction

• Supreme Court Of India

• High Court

Other Fora

• Central Administrative Tribunal [CAT]

Fora: Armed Forces

• Armed Forces Tribunal [AFT]: AFT is the competent Forum to challenge orders/ show cause/ Memo, etc. passed/ issued by Army Chief, etc. Its Order Order is challenged before SC.

• Army Chief [AC]: AC can review the Orders passed by the CA.

• Confirming Authority [CA] Under Army Act.

• General Court Martial [GCM].

Legislations Governing Service Matters In India

• Army Act- S-153

• Additional Emoluments (Compulsory Deposit) Act, 1974

• Administrative Tribunals Act, 1985[CAT]

• Central Administrative Tribunal Rules of Practice, 1993

• Code Of Civil Procedure, 1908

Judgments: Service Matters

• ACRs

• Ad Hoc Service

• Administrative Authority

• Appointment

• Age Proof

• Age Relaxation.

• Appointment & Joining.

• Bias

• Casual Labrourer

• Charge-Sheet

• Child Care Leave

• Compassionate Appointment

• Corruption Charges Under Prevention of Corruption Act, 1988

• Denial of Reasonable Opportunity

• Departmental Inquiry

• Deputation- Inter Cadre Deputations

• Disciplinary Authority

• Disciplinary Proceedings

• Gratuity Of Govt. Servant

• Indiscipline – Misbehaviour

• Inquiry

• Joining Of Service

• Judicial Review: Of an administrative Order

• Limitations

• Leave Rules

• Major Penalty

• Minor penalty

• Misappropriation

• Natural Justice

• Plaint Format- Under Administrative Tribunals Act, 1985- To Be Filed Before Central Administrative Tribunal [CAT]

• Pension

• Promotion

• Quashing Of Administrative Order: On the grounds of violation of the rule of natural justice, arbitrariness, discrimination & irrationality, absence of fair play, etc.

• Quasi-Judicial Authority

• Recovery

• Reinstatement

• Res-Judicata

• Retirement: Compulsory Retirement

• Review: Administrative

• Salary

• Second Marriage

• Selection: Right Of Selectee

• Seniority

• Sexual Harassment

• Simultaneous Proceedings

• Suspension

• Termination: Termination Simplicitor- Without Inquiry & prior notice;

• Transfer of An Employee

• Unauthorized Absence

• Unconditional Apology

• Voluntary Retirement [VRS]

Judgments- Service Matters

Compassionate Allowance- Judgments

• Balbir Singh Vs. UOI And Ors.- W.P.(C) 2925 of 2013-DelHC-07.01.2015-2015 SCC OnLine Del 6418- Relevant considerations for grant of compassionate allowance are (i) years of service rendered by an employee, (ii) means of sustenance, and (iii) number of family members to support etc. [Full PDF Judgment].

Punishment & Penalties-Major & Minor

• Abrar Ali [Central Industrial Security Force Vs. Abrar Ali]- Civil Appeal No. 2148 of 2015-SC-14.12.2016- (2017) 4 SCC 507- Courts are not supposed to act as an appellate court- Reassessing of the evidence led in the domestic Inquiry not permissible- Ground that another view is possible on the material on record not permissible- Grounds available for challenge- (i) Inquiry not held fairly and properly- (ii) The findings based on no evidence- (iii) Question of adequacy of the evidence not open for reassessment- (iv) Perverse Findings- The test to find out perversity is to see whether a tribunal acting reasonably could have arrived at such conclusion or finding, based on the material on record- (v) Observance of the Principles of natural justice- (vi) violation of statutory regulations- (vii) If, the order is found to be arbitrary, capricious, malafide or based on extraneous considerations- (viii) Penalty of dismissal from service disproportionate with the delinquency [Full PDF Judgment].

Reservation-Judgments

• E.V.Chinnaiah Vs. State of Andhra Pradesh- Appeal (Civil) 6758 of 2000- 5JBSC-05.11.2004- 1992 Supp (3) SCC 217- Service Law- Reservation- Articles 16(4), 16(4A) and 16(4B) of the Constitution of India [Ful PDF Judgment- Part-I | Part-II].

• Indra Sawhney Vs Union Of India-16.11.1992- (2005) 1 SCC 394= AIR 1993 SC 477= 1992 Supp 2 SCR 454- Service Law- Reservation- Articles 16(4), 16(4A) and 16(4B) of the Constitution of India [Full PDF Judgment].

• M. Nagaraj Vs. Union Of India- 5JBSC-19.10.2006- Writ Petition (Civil) 61 of 2002- (2006) 8 SCC 212= AIR 2007 SC 71- Service Law- Reservation- Articles 16(4), 16(4A) and 16(4B) of the Constitution of India- The width and amplitude of the right to equal opportunity in public employment, in the context of reservation, broadly falls for consideration in these writ petitions under Article of the Constitution [Full PDF Judgment].

Judgments- On The profession Of Teaching & Teachers

• Avinash Nagra Vs.Navodaya Vidyalaya Samiti Etc.- Supreme Court Of India Judgment- 30.09.1996 [Full PDF Judgment]

• Andhra Kesari Educational Society Vs. Director Of School Education & Ors.- Supreme Court Of India Judgment- 18.11.1988- Civil Appeal NO. 293 of 1988- 1989 AIR 183- 1988 SCR Supl. (3) 893 [Full PDF Judgment].

• Nirmala Senior, Secondary School, Port Blair, through Manager Vs N.I. Khan & Ors.- Supreme Court Of India Judgment- 21.11.2003- Appeal (Civil) 5337-5339 of 1999- Writ Petition (Civil) 189 of 1999 [Full PDF Judgment].

• Nuruddin Mallik- State If West Bengal And Others Vs. Nuruddin Mallik And Others- Supreme Court Of India Judgment- 18.09.199 [Full PDF Judgment].

• Sushmita Basu & Ors Vs Ballygunge Siksha Samity & Ors- Supreme Court Of India Judgment- 22.09.2006- Appeal (Civil) 1468 of 2005 [Full PDF Judgment]

• St. John’s Teacher Training Institute(For Women). Madurai Et Vs. State Of Tamil Nadu And Ors. Etc. Etc.- Supreme Court Of India Judgment-15.06.1993- Civil Appeal Nos. 2914-16 of 1993- 1994 AIR 43- 1993 SCR (3) 985 [Full PDF Judgment]

• Vikas Sahebrao Roundale- State Of Maharashtra Vs.Vikas Sahebrao Roundale And Ors.- Supreme Court Of India Judgment- 11.08.1992- Civil Appeal No. 2932 of 1992 1992 AIR 1926- 1992 SCC (4) 435 [Full PDF Judgment].

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