MA

MEDHA ANANDAIR 13· 2023

Question 4GS2GS2

Discuss the mandate of the Central Administrative Tribunal (CAT). To what extent earlier, SC verdicts have resolved the jurisdictional tussle between CAT and High court?

Open scan (p.12)

Introduction

Art 323 A established Central Administrative Tribunal on Swaran Singh committee's recommendation to look into service matters.

17 words

Main Body

Diagram showing CAT as quasi-judicial body that: - reduces case load on judiciary - helps in solving docket explosion in judiciary - has subject specific experts Mandate of CAT: (1) Service matters of civil servants and All India servants are looked after (2) Adherence to serve rules - Code of Conduct for AIS is followed (3) Principle of Natural Justice is the key to ensure discussions related to promotion, transfer are discussed.

4Evidence Act is given less importance to write hearing cases of suspension etc. Issues of tussle with High Courts: Justiciality, appellate jurisdiction from CAT was given to SC, the very bypassing HC (Art 226 was overlooked). In L. Chandra Kumar case, the court decided that in lieu of Art 226 and Art 14(1) (complete justice), appeals from CAT would lie to HC. This leads to long judicial years of issues unresolved case, dismantled of justice, encased pendency of cases. Thus, so has largely solved jurisdictional tussle between CAT and HC, but still matters of subjects of both remain unresolved and overlapping.
174 words1 paragraphs

Conclusion

Thus, so has largely solved jurisdictional tussle between CAT and HC, but still matters of subjects of both remain unresolved and overlapping.

22 words

Diagram

CAT shown as a quasi-judicial body with three key functions: reducing case load on judiciary, helping solve docket explosion, and having subject specific expertise.

Topper

MEDHA ANAND

AIR 132023

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Tribunals

Central Administrative Tribunal

Writing Stats

213

Total words

1

Paragraphs

analytical

Tone