Administrative Tribunals of

India

PRESENTED BY :
AVI CHOPRA – 125
ADHIRAJ SINGH CHAUHAN– 102
RICHARD DAMIEN BILUNG– 118
SAGAR PANGHAL - 123
 Types of Administrative Tribunals

 Central Administrative Tribunal (CAT)

 established in 1985
 consists of Chairman, Vice-Chairman and Members
 owes its origin to Article 323-A of the Constitution of India
 adjudicates disputes and complains with respect to recruitment and conditions of
service of persons appointed to the public services and posts in connection with the
Union and the States
 enjoys the powers of High Court
 have to abide by the principles of natural justice
 distinguished from the ordinary courts with regard to their jurisdiction and
procedures

 Customs and Excise Revenue Appellate Tribunal (CERAT)

 passed in 1986
 adjudicates disputes, complaints or offences with regard to customs and excise
revenue
 appeals lie to the Supreme Court
 Election Commission (EC)
 adjudicates matters pertaining to the allotment of election symbols to parties and
similar other problems
 appeals lie to the Supreme Court

 Foreign Exchange Regulation Appellate Board (FERAB)

 set up by Foreign Exchange Regulation Act, 1975
 a person who is aggrieved by an order of adjudication for causing offence can file an
appeal before FERAB

 Income Tax Appellate Tribunal

 constituted under the Income Tax Act, 1961
 aggrieved person can file an appeal against the order passed by the Deputy
Commissioner or Commissioner or Chief Commissioner or Director of income tax
 appeals lie both in High Court as well as Supreme Court if High Court deems fit
 Railway Rates Tribunal
 set up under the Indian Railways Act, 1989
 adjudicates matters pertaining to the complaints against the railway
administration
 appeals lie to the Supreme Court

 Industrial Tribunal
 set up under the Industrial Disputes Act, 1947
 the Tribunal looks into the dispute between the employers and the
workers in matters relating to wages, the period and mode of payment,
compensation and other allowances, hours of work, gratuity, and
closure of the establishment.
 appeals lie to the Supreme Court
 SOME FEATURES OF TRIBUNALS OF INDIA

 Jurisdiction and Power

 post Administrative Tribunals Act, 1985, all judicial remedies save those of
the Supreme Court have been abolished and the pending proceeding before
other courts stand transferred before the regional Administrative Tribunals
 competent to exercise all powers which the respective courts had
 jurisdiction is not supplementary but a complete substitute of High Court
and Civil Courts
 sec. 14, sec. 19 and sec. 29 of the Act
 sec. 29A – gives appellant jurisdiction to the Central Administrative
Tribunals
 appeals from judgement of Civil Courts in suits relating to service matter
which are governed by the A.T. Act shall lie to the Administrative Tribunals
 orders of the Central Administrative Tribunals are not open to challenge
before the High Court.
 What Administrative Tribunals can do?
 Unconstitutionality of law
a. can declare the unconstitutional a statute or subordinate legislation
b. whether a body would be an authority within the meaning of Art.12
c. may decide question of law, including preliminary pleas in bar

 Procedure
a. not barred by the provisions of the Evidence Act
b. shall be guided solely by the principles of natural justice
c. a plea of violation of statutory provision can be taken before the Tribunal
d. competent to execute its own order

 Disciplinary matters
a. competent to go into the facts and set aside the order passed by a disciplinary authority
b. cannot interfere with the finding of facts of the enquiry officers where there was some
important evidence before him
c. cannot interfere with an order of rejection, by the Tribunal , of an application for
reinstatement on the grounds of inordinate and unexplained delay
d. cannot interfere where there has been some difference of opinion amongst the tribunals
regarding the punishment awarded by a disciplinary authority
 What Administrative Tribunals cannot do?

 question the ground of satisfaction of the President under clause (c) of

the second proviso to Art.311 (2)
 go into the merits of an administrative determination in the absence of
mala fides, arbitrariness, colourable exercise of power or exercise of
power without jurisdiction; or a finding without any evidence at all
 overrule or by-pass decision of the High Court which are binding on it
as precedents
 however, like the High Court or a Civil Court, an Administrative
Tribunal has jurisdiction to make interim order in like circumstances