Taxmann s Administrative Tribunals Act 1985 with Rules

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The Administrative Tribunals Act, 1985, was enacted by the Parliament of India to provide for the adjudication of disputes and complaints concerning recruitment and conditions of service of government employees. The Act was enacted under Article 323-A of the Constitution, which provides for the establishment of tribunals to deal exclusively with service matters.

Objectives of the Act

1. To provide a specialized forum for the resolution of service-related disputes.

2. To reduce the burden on the High Courts and the Supreme Court.

3. To ensure speedy disposal of service-related cases.

4. To offer relief to government employees by simplifying the judicial process.

Scope and Applicability

The Act applies to disputes related to recruitment, promotions, transfers, and service conditions of employees working under:

• The Central Government

• The State Governments (if the state chooses to establish a State Administrative Tribunal)

• Public sector undertakings, local bodies, and other government organizations

• It does not cover employees of the Supreme Court, armed forces, paramilitary forces, and intelligence agencies.

Structure of Administrative Tribunals

1. Central Administrative Tribunal (CAT): Deals with service matters of central government employees.

2. State Administrative Tribunals (SATs): Established by states for handling disputes of state government employees.

3. Joint Administrative Tribunals (JATs): Established for two or more states.

Composition of Tribunals

Each tribunal consists of:

• A Chairman (a retired Judge of the Supreme Court or High Court)

• Vice-Chairmen and Judicial/Administrative Members

• Members are appointed by the President (for CAT) or the Governor (for SATs) in consultation with the Chief Justice of India.

Powers and Jurisdiction of Tribunals

1. Exclusive jurisdiction over service matters.

2. Power to issue directions, orders, or writs like the High Court.

3. The tribunals function like a civil court, having powers to summon witnesses, take evidence, and order the production of documents.

4. Decisions of the tribunal can be appealed before the Supreme Court.

Rules under the Administrative Tribunals Act, 1985

To operationalize the Act, the Government has framed several rules, including:

1. Tribunal Procedure Rules:

   • Define procedures for filing applications.

   • Rules for representation by legal practitioners.

   • Rules for hearings, submission of evidence, and pronouncement of orders.

2. Service Conditions Rules for Tribunal Members:

   • Set qualifications, appointment procedures, tenure, salaries, and allowances.

   • Provide rules for removal or resignation of members.

3. Central and State Tribunal Rules:

   • Separate rules for CAT and SATs to govern their functioning.

   • Define the powers and jurisdiction of members.

4. Appeal and Review Rules:

   • Define procedures for appealing tribunal decisions in the Supreme Court.

   • Allow for a review of orders in case of errors or new evidence.

Important Amendments and Judicial Interpretations

• 1997 Amendment: Allowed the Supreme Court to review decisions of tribunals, restoring the power of judicial review.

• L. Chandra Kumar Case (1997): The Supreme Court ruled that tribunal decisions are subject to judicial review by High Courts under Article 226.

• 2017 Finance Act: Made changes to the appointment process of tribunal members.