Chronicling the Tribunals: The Central Administrative Tribunal

Established in 1985, the Central Administrative Tribunal is one of the earliest quasi-judicial tribunals in the country. The genus of the tribunal can be found in Article 323A of the Constitution of India which provides for adjudication of disputes related to public services and posts..Where? .The multi-storied CAT is situated at Copernicus Marg, a stone’s throw away from the National Green Tribunal. While lawyers can park their vehicles inside the building premises, litigants and other visitors are not allowed to bring their cars inside, and have to park it on the road leading to the tribunal..Jurisdiction.The Principal Bench is situated at New Delhi. The CAT is one of the few tribunals that has managed to set up benches in a large number of states. Perhaps due to the nature of disputes that the tribunal handles,a total of 17 States have functioning CAT benches..When it comes to nature of disputes, the tribunal hears matters relating to:-.recruitment concerning any All-India Service or to any civil service of the Union/civil post under the Union/post connected with defense;recruitment and other service disputes arising out of any local or other authority/corporation/society..How? .The principal Bench in Delhi has eleven members, five of whom are judicial members and rest are expert administrative members. Presently, the tribunal is headed by the former Chief Justice of the Allahabad High Court, Syed Rafat Alam J..Alam was also the Chief Justice of Madhya Pradesh High Court, and was appointed as Chairman of the CAT in 2012..Approaching the CAT: A “single-window” process.The Central Administrative (Procedure) Rules 1987, Rules 4, 5, 6 and 7 deal with filing an application before the competent Bench. It is a fairly simple process, in theory as well as in practice as lawyers practicing in the CAT tell me..The simplification of the filing process needs to be attributed to the Registry which carries out a ‘single window’ filing mechanism. This means that a litigant does not have to run from one counter to the other for “curing” his application of any defects..Any defects can be cured at the very counter where the application is to be submitted. In fact, CAT regulars say that this feature sets apart the tribunal from others, mainly because it does not lead to harassment and curtails the running from pillar to post..Lawyers also tell me that once the matter is filed, listing too happens fairly quickly. However that is where the fast paced Registry takes a backseat and the lackadaisical lawyers at CAT take precedence. One look at the figures of disputes pending at the tribunal can elaborate more on this..Statistics.As per the data provided by the tribunal itself, a total of 835 cases were received by the tribunal till the end of 2014. However as on December 2014, 1.55 lakh cases were pending at the tribunal..Cases filed in 2014: 835Cases pending (as of December 2014): 1.55 lakhTime taken for resolution of a case: 1-2 years.On an average, it takes 1-2 years for the CAT to decide on a dispute which is partly due to the heavy backlog of cases. This is a matter of concern for a body that was setup to deal with service disputes in a speedy and efficient manner..From the Court.Just as I enter the CAT, I am greeted with a white board that has scribbles of Hindi poetry. Parts of the text have been wiped away but from whatever I can gather, the poem is a salute to the importance and relevance of the national language to our ethos and culture. Strange thing to be put up at the entrance of a service tribunal..Just as I enter the CAT, I am greeted with a white board that has scribbles of Hindi poetry. Parts of the text have been wiped away but from whatever I can gather, the poem is a salute to the importance and relevance of the national language to our ethos and culture..Moving on, I see a lift ready to take hordes of lawyers and ex-employees to the six courts that lie within the building. Sheaves of employment letters, promotion orders and documents promising post-retirement benefits catch my attention as I see a line of people with hopeful eyes waiting outside each court..One lawyer tells me that this is one of the best tribunals to appear in person for most of the non-judicial members are ex-civil servants..“Who better than a former civil servant to understand the plight of another?”, says the lawyer. Being present in court, I see how true the lawyer’s assessment is when an administrative member remarks that he ‘is aware on how things move’ in a particular ministry..The Members (both judicial and non-judicial) are well versed with the law and are willing to give a patient hearing to the parties, be it lawyers or litigants who appear in person. They are prepared on every hearing. (I visited CAT thrice, managed to visit all the courts and not once did I find the Bench to be unprepared or not ready to hear matters)..Lawyer Speak.Pros- The simplified filing process is what makes CAT a cakewalk for lawyers. Quite a few of them tell me that not only is the single window filing a unique feature to CAT, it also distinguishes it from other courts where filing woes never end..Another plus is the inexpensive filing procedure. For fifty rupees, matters can be filed in CAT. One lawyer tells me that this is most helpful to young lawyers who often end up doing matters pro-bono. “It does not pinch my pocket and by the end of it I still end up making some money”, quips one lady lawyer. “Win-win I say”..The patient attitude of the Bench towards lawyers and litigants alike, goes a long way in presenting one’s case adequately. A veteran lawyer says that unlike other tribunals (he mentions National Consumer Dispute Redressal Commission in particular), the Bench does not pass adverse comments or rush a person arguing his case..Expertise of the members with the field of service law is yet another positive. Not only the administrative members, even some of the judicial members have previously practiced in CAT and also at the State Administrative Tribunals. Such experience enhances the quality of decisions that are given out by CAT..Cons: The huge pendency is one major drawback against CAT. Lawyers often complain that as prepared that the Bench is, it is also very adjournment friendly. Part of that blame rests on the lawyers too but it is not a frequent sight to see an adjournment request turned down by the Bench..One lawyer rues that his matter over a fairly simple issue of medical reimbursements was admitted in 2013, but hasn’t been heard ever since. On one pretext or another, it is adjourned. Consequently, this practice adds on to the pendency of cases and acts as a direct contributor to delays in decisions..Verdict.The CAT is doing fairly well in discharging its jurisprudential duties with a well oiled administrative as well as judicial machinery in place. However the slow disposal rate is an area for concern..If the Bench adopts a stricter attitude towards those looking to prolong litigation, the tribunal could a beacon of hope for the countless employees who throng the building.