All about Administrative Tribunals Act, 1985

The FAQs have been prepared by Bhanu Singh Rohilla, a 2nd-year, BA.LLB student at Himachal Pradesh National Law University, Shimla. She is currently interning with LatestLaws.com.

The word "tribunal" is used in a specific way in administrative law, which applies generally to adjudicators in the domain of the ordinary judiciary. In India, the judiciary is theoretically entrusted to courts aimed at protecting people's rights and upholding justice. Thus, to create a less complicated functional justice system, judicial functions shall be transferred to the regulatory authorities, leading to quasi-judicial regulatory or administrative tribunals.

Q1. What is Administrative Tribunals Act, 1985?

Ans. In accordance with Article 323A, Parliament adopted the Act of 1985 on the Administrative Court[i], which stipulates all matters covered by Article 323 A. Under this Act the Center must consist of the Central Administrative Tribunal (CAT) and for each State the statutes concerned constitutional. The Act shall extend for the entire of India except where it applies to the Central Administrative Tribunal. The Act provides for settlement or investigation of a dispute or allegation by Administrative Tribunals about appointment and terms of service of civil servants and positions related of affairs of the Union or of any State or to any other central or non-governmental agency within or under the jurisdiction of India 's Government.[ii] 

Q2. To whom, this act does not apply?

Ans. The act applies to all other Central Government Employees except the members of the Navy, Army or Air Force or of any military force in the Union shall be subject to the provisions of this Act; any officer or clerk or assistant of the High Court or lower Courts; any person appointed as secretary of either House or the secretarial staff of the Legislative State, or of the Senate, in either situation.[iii]

Q3. What should be the qualifications for being appointed as member of the tribunal for different posts?

Ans. The President appoint Chairman, Vice-Chairman and other members of the Tribunal. Judicial members are also appointed by the President but after consultation with the Chief Justice of India. State Tribunal’s Chairman, Vice-Chairman and other members are also appointed by the President after consultation with the governor of the involved state.

Qualification for the post of Chairman:[iv]

A person is or has been a judge of a High Court or has held the office of Vice Chairman for two years or has held the post of secretary to the Government of India or has held any other post carrying the scale pay of secretary.

Qualification for the post of Vice-Chairman:[v]

A person is or has been a judge of the High Court or has held the post of Secretary to the Government for 2 years or holding any other post carrying the same pay scale under the Central or State Governments or has held the post of an Additional Secretary to the Government of India for 5 years or any other post carrying the scales of pay of Additional Secretary.

Qualification for becoming a Judicial Member:[vi]

A person must be or have been a judge of the High Court or have been a member of Indian Legal Service and has held a post in Grade I of the service for at least 3 years.

Qualification for becoming a Administrative Member:[vii]

A person must have held the post of an Additional Secretary to the Government of India or another equivalent post for at least 2 years, or have held the post of a Joint Secretary to the Government of India or other equivalent post, or have adequate administrative experience.

Q4. What is composition of tribunal and bench?

Ans. The structure of the courts and the bench is specified in Section 4 of this Act. The chairman, vice-chairman, judicial and administrative members shall compose a tribunal. At least one judicial and one administrative member should be included in each bench. In New Delhi, Allahabad, Calcutta, Madras, Bombay and every other square defined by the Central Government, the benches shall normally sit in these areas. The chairman can shift or move the vice chairman or other members to another bench.

Q5. What are terms of office for the chairman, vice-chairman and other members of the tribunal?

Ans. Section 8[viii] of the Act states that, the Chairman, Vice-Chairman and other members of the tribunal shall hold the office for a term of 5 years or until he/she attains-

• Age of 65 years, in the case of the Chairman or Vice-Chairman
• Age of 62 years in the case of other members.

Q6. 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, Itanager, Aizwal and Nainital.[ix]

Q7. What is the process of resignation and removal of the members?

Ans. Section 9 of the Act stipulates the process of resignation and removal. Through writing to the chairman, the vice-chairman or other members may resign. We shall not be dismissed following an enquiry by the Supreme Court judge in connection with an order issued by the President on grounds of proven incompetence or incapacity. You have the right to be told of the proceedings against you and to have a proper hearing. Regulatory measures for an investigation of charges against them may be made by the Central Government.  

Q8. What are procedures and powers of the tribunal?

Ans. A court is not obliged to follow the 1908 Rule of Civil Law. It is eligible, but it must adhere to the standards of natural justice to govern its own practice. A court must take action on the petitions and cases it receives as soon as practicably possible and, after records and written submissions are reviewed and oral arguments heard, each appeal shall be resolved. In the case of a proceeding involving the following subject-matter, the courts have the same rights as those exercised on the criminal courts under the code of civil procedure of 1908. Convocation, compliance and oath review of every person; Request any public documents or documents from any office pursuant to Articles 123 and 124 of the Indian Evidence Act , 1872[x]. Request for commissions to examine witnesses and documents. Review its decisions; determine an ex-party case; set aside any orders issued by ex-party; any other matters prescribed by the Central Government. Laws on leading cases.

Q9. What are Salaries and Allowances and Other Terms and Conditions of Service of Chairman, Vice-Chairman and Other Members?

Ans. Pay and allowancing payable to the Chairman, Vice-Chairman and other Members and other terms of service (including salary, gratuity and other pensionable benefits) is approved by the Central Government as follows:

In as much as the Chairman, Vice-Chairman or other Member does not differ in pay and compensation or the other terms and conditions of the Chairman’s position since his election.

Picture Source :