On the title:

Functions and Structure of Central Administrative

Tribunal

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 INDEX

S.No Content Page No.

.
1 Introduction 5

2 Functions 5

3 Structure of benches 6

4 Findings 8

5 Conclusion 8

6 Scope of Future Research 8

7 Footnotes 9

8 Bibliography 9

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 OBJECTIVE
 To know the functions of the central administrative tribunal.

 To know the structure of benches of the central administrative tribunal.

HYPOTHESIS
Central Administrative Tribunal has resulted in effective justice delivering.

METHODOLOGY
Doctrinal research methodology has been used. Data is collected from various sites and then
interpreted as required.

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 Introduction
With increasing number of cases, burden on courts was also increasing. The delay in disposal of
cases was also a problem as JUSTICE DELAYED IS JUSTICE DENIED. There came the
concept of tribunals. It provides timely and inexpensive mode of justice delivery. Originally,
Constitution of India did not provide for the concept of tribunals. Tribunals are quasi-judicial
bodies which adjudicate upon disputes of specific nature.

42nd Amendment, 1976 provided for tribunals in Indian Judicial Framework. Part XIV-A
(Article 323-A and Article 323-B) was added in the Indian Constitution. Article 323-A provides
for administrative tribunals. The Administrative Tribunals Act, 1985 was enacted by parliament
which provided for setting up of central administrative tribunal. This was done in pursuance with
Article 323-A.

Central Administrative Tribunals adjudicate upon matters related to recruitment and conditions
of services of persons appointed to public services and posts in connection with the affairs of the
union(FN1). The tribunal composes of a Chairman and such number of vice chairman, judicial
and administrative members that the government may from time to time notify. The central
administrative tribunal follows the principles of natural justice and not the Civil Procedure
Code, 1908 to decide upon a case. The appeal from Central Administrative Tribunal lies in the
high court. The principal bench is in New Delhi and there are 16 other benches of CAT. The
structure and functions of the central administrative tribunal are discussed below.

Functions
The function of the tribunal is to decide upon matters related to recruitment and conditions of
services of persons of All India Services, central civil services, persons employed in civil posts
connected with defense, in any other authority and in any corporation or society owned by
government. But its jurisdiction does not extend to members and staff of judiciary, members of
armed forces of the union and of the secretarial staff of the legislatures.

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 Structure of the Benches
Division Bench

This is the normal bench comprising of two members, one judicial and another administrative
member. Initially, the bench was composed of two members and both were administrative
member. But judiciary removed this major flaw by issuing an order to the government to provide
for a judicial member in the bench. This was done in the Sampath Kumar's case. Tribunals are
quasi judicial bodies. They are set up with the powers of high court and tribunals exercise
jurisdiction on the areas where high court earlier used to exercise. For tribunal to be a true
substitute of high court, presence of at least a judicial member is necessary. In 1986, the act was
amended to provide for inclusion of a judiciary member.

Larger bench

Larger or full bench is a bench comprising of more than two members. This bench can be made
by an order issued by the chairman. This bench is made when there is a question of law involved
and not in case of question of fact. This further mean that the bench is made when two judge
bench is unable to decide upon a case and not when the facts involved are important. Here also,
there should be at least one judicial and one administrative member.

Single Member Bench

As the name suggests the bench is made up of a single member. As the case needs to be decided
keeping in view both the facts and the law, this bench cannot be of a administrative member. The
bench can be made by general or special order of the chairman. The chairman has already issued
a general order stating that each member of the tribunal can form a single member bench in case
of following eleven issues:

 Chang
e in date of birth

 Postin
g and Transfer

 Allotm
ent and eviction from Government accommodation

 Fixatio

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n of salary

 Crossi
ng of efficiency bar

 Advan
ces or loans

 Grant
of pensions

 Stagna
tion in increment

 Passes
to railway employees

 Joinin
g time and overtime

 Entry
in character role (FN2)

Single member bench is required for speedy disposal of simple cases. This provides quick relief
to the employees.

Principal bench

Principal bench consists of the chairman as the presiding officer and at least two other members.
The principal seat of the tribunal is in New Delhi even though the act does not specify so. The act
did not specified the requirement of a judicial officer but after the 1986 amendment, it is
necessary to have one judicial and one administrative member in the bench. The chairman acts as
a judicial or administrative member depending upon his capacity. There is no superior status
granted to them while in the bench.

Additional bench

Originally, there was a distinction between principal bench and additional bench. Additional
bench was made up of vice chairman as presiding officer and at least two other members. This
was the only difference between these two forms of benches. But after the amendment of 1986,
the scenario has changed. Now, it is not at all required to have a presiding officer. Additional
bench in today's context is used to refer to any bench other than that of New Delhi.

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Circuit bench

There are only 17 permanent benches of the central administrative tribunal. These are located in
New Delhi, Ahmedabad, Allahabad, Lucknow, Bangalore, Calcutta, Chandigarh, Cuttack,
Ernakulam, Guwahati, Hyderabad, Jabalpur, Jodhpur, Jaipur, Chennai, Mumbai, Patna. Going to
get justice to these benches is inconvenient for a person who lives far away. Also, there are
jurisdiction limits on the benches. In order to lessen the hardship of the aggrieved party, there is a
concept of circuit benches. Circuit benches are the benches which are not permanent and there
geographical location and frequency is decided by the vice chairman of that bench subjected to
supervision of the chairman. It has many advantages like reducing workload of a particular
bench, providing access to justice, ensuring convenience of the litigant. The location and
frequency of the circuit bench depends upon many factors like availability of accommodation,
convenience of the aggrieved party, availability of members of the bench. There are inefficiency
in the circuit benches. These are not organized as frequently as required. This can be due to
shortage of members required.

Findings
The justice delivery system is improving. Establishment of tribunals marks a new phase in Indian
judicial system. It has assisted in disposing cases of specific nature in a timely and effective
manner by employing members who are specialized in particular field. The function of the
tribunal is to adjudicate upon service matters with certain exceptions. The structure of benches is
made in such a way that it can fulfil the very purpose of the tribunal. There can be flaws in an
act. Legislation has to fil that gap by making amendments. Judiciary plays a very important role
of keeping check by directing the legislation to add, modify or delete a or many clause from an
act.

Conclusion
The Administrative Tribunal Act, 1985 came into force in July 1985 and tribunal commenced its
functioning from 1 November 1985. Currently, there are 17 permanent and 33 division benches
of the central administrative tribunal. Its 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 (FN3). The current chairman of the
tribunal is Mr. L. Narasimha Reddy.

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The number of cases in the tribunal is increasing. This calls for more effective system. The
number of members in the tribunal should be increased, vacancies should be filled, circuit
benches should be held more and use of technology could also ease the process.

Scope of Future Research

Improving efficiency of circuit benches or implementation of e-governance are the areas which
can be researched upon.

Footnotes
1. knowi
ndia.gov.in

2. shodhg
anga.inflibnet.ac.in

3. grkarel
awlibrary.yolasite.com

Bibliography

 http://
www.cgatnew.gov.in/writereaddata/Delhi/docs/BENCHES_OF_CENTRAL_ADM
INISTRATIVE_TRIBUNAL.pdf

 https:
//shodhganga.inflibnet.ac.in/bitstream/10603/128230/12/09_chapter%205.pdf

 https:
//blog.ipleaders.in/jurisdiction-of-cat/