Jurisdiction of the CAT
The CAT has jurisdiction over recruitment and service disputes of central government employees and employees of PSUs under Section 14 of the Administrative Tribunals Act, 1985. The CAT can adjudicate disputes relating to termination, promotion, seniority, pay scale, transfer, disciplinary proceedings, and pension. The CAT's jurisdiction extends to all civil servants of the central government and to employees of PSUs and autonomous bodies that are funded by the central government.
The CAT does not have jurisdiction over state government employees, private sector employees, or employees of state PSUs. For state government employees, the State Administrative Tribunal (where it exists) or the civil court is the appropriate forum. For private sector employees, the Labour Court or the civil court is the forum. The CAT also does not have jurisdiction over disputes relating to the Constitution or to the fundamental rights of employees, which are within the exclusive jurisdiction of the High Court under Article 226.
For employees from Asansol, the CAT bench with jurisdiction is the Kolkata bench. The Kolkata bench of the CAT has jurisdiction over all central government employees and PSU employees in the state of West Bengal. Applications must be filed before the Kolkata bench, and the hearings are conducted at the bench. In some cases, the CAT may conduct circuit sittings at other locations, but the filing and the main hearings are at the Kolkata bench.
Types of Disputes the CAT Can Adjudicate
The CAT can adjudicate a wide range of service disputes, including: wrongful termination (termination without following the prescribed procedure or without sufficient cause), denial of promotion (denial of promotion on arbitrary grounds or in violation of the promotion policy), pay anomalies (incorrect fixation of pay, denial of allowances, or non-payment of arrears), seniority disputes (incorrect fixation of seniority affecting promotion prospects), transfer orders (transfer in violation of the transfer policy or on mala fide grounds), and disciplinary proceedings (departmental inquiries conducted in violation of natural justice).
The CAT can also adjudicate pension disputes, including denial of pension, incorrect fixation of pension, denial of family pension, and denial of gratuity. The CAT has the power to direct the department to pay the pension, gratuity, and arrears with interest. The CAT can also adjudicate disputes relating to the Central Government Health Scheme (CGHS), the Employees' Provident Fund, and other statutory benefits.
The CAT cannot adjudicate disputes that are purely private in nature (such as a personal loan dispute between two employees) or disputes that are covered by other specialized tribunals (such as income tax disputes, which are covered by the Income Tax Appellate Tribunal). The CAT also does not have jurisdiction over criminal cases, which are within the jurisdiction of the criminal courts. The CAT's jurisdiction is limited to service disputes of central government employees and PSU employees.
How to File an Application Before the CAT
An application before the CAT is filed under Section 19 of the Administrative Tribunals Act, 1985, in Form 1 (the prescribed application form). The application must specify the name and address of the applicant, the name and address of the respondent (the department or the PSU), the details of the dispute, the relief sought, and the supporting documents. The application must be filed in 3 copies (one for the tribunal, one for the respondent, and one for the applicant) along with the prescribed fee of Rs. 50.
The application must be accompanied by the following documents: a certified copy of the impugned order (the termination order, the promotion order, the disciplinary order, or the pension order), a copy of the representation made to the department (if any), a copy of the department's reply (if any), the relevant service rules, and the pay fixation or pension fixation documents. The application should also include an affidavit verifying the contents and a index of the documents.
The application can be filed in person at the CAT's Kolkata bench or by registered post. The CAT acknowledges the application and issues a notice to the respondent department. The respondent must file a reply within the time specified by the CAT (typically 4 weeks). The applicant can file a rejoinder to the reply. The CAT then conducts a hearing and passes an order. The entire process typically takes 6 to 18 months, depending on the complexity of the case and the CAT's docket.
Interim Relief and Stay Orders
One of the most powerful features of the CAT is its ability to grant interim relief under Section 19(4) of the Administrative Tribunals Act, 1985. The CAT can stay the operation of the impugned order (such as a termination order, a transfer order, or a disciplinary order) pending the final disposal of the application. The stay can prevent the applicant from being terminated, transferred, or subjected to disciplinary action while the application is pending.
To obtain a stay, the applicant must file an application for interim relief along with the main application or separately. The application must specify the grounds for the stay, such as prima facie case, balance of convenience, and irreparable loss. The CAT can grant an ex-parte stay (without hearing the department) in urgent cases, though the department is later heard before the stay is confirmed.
The CAT can also direct the department to pay the applicant's salary during the pendency of the application (if the applicant has been terminated and is not receiving salary), to maintain the status quo (if the applicant is facing transfer or disciplinary action), or to produce the relevant records (if the applicant needs the records to present the case). The interim relief is crucial in service disputes, as it protects the applicant from the adverse consequences of the impugned order while the dispute is being adjudicated.
Limitation Period for CAT Applications
Under Section 19(3) of the Administrative Tribunals Act, 1985, an application before the CAT must be filed within 1 year from the date of the cause of action. The cause of action is the date of the impugned order or the date of the department's final decision on the representation, whichever is later. If the applicant has made a representation to the department within the limitation period, the time taken by the department to reply is excluded from the limitation.
The CAT can condone delay beyond the 1-year period if sufficient reasons are shown. The application for condonation of delay must be filed along with the main application and must specify the reasons for the delay. The CAT considers the length of the delay, the reasons for the delay, and the prejudice to the respondent in deciding whether to condone the delay. Short delays (a few months) are generally condoned if a reasonable explanation is given, while long delays (several years) require strong justification.
It is important to note that the limitation period for CAT applications is shorter than the limitation period for civil suits (which is typically 3 years). Central government employees from Asansol should be aware of the 1-year limitation and should file the application as early as possible to avoid the risk of the application being time-barred. Consulting an advocate who is experienced in service law can help assess the limitation and prepare the condonation of delay application if necessary.
Appeal Against the CAT Order
Under Section 19(2) of the Administrative Tribunals Act, 1985, an appeal against the CAT's order lies before the High Court of the state in which the CAT bench is located. For orders passed by the Kolkata bench, the appeal lies before the Calcutta High Court. The appeal must be filed within 90 days of the CAT's order under Section 19(2) read with Article 226 of the Constitution.
The High Court can set aside, modify, or confirm the CAT's order. The grounds for appeal include error of law, violation of natural justice, perverse findings, and non-application of mind. The High Court does not re-appreciate the evidence but examines the CAT's order for legal errors. The appeal should be supported by the CAT's order, the application, the reply, and the relevant documents.
While the appeal is pending, the applicant can seek a stay of the CAT's order from the High Court. The stay prevents the department from giving effect to the CAT's order pending the appeal. If the CAT has ordered reinstatement and the department has appealed, the department may seek a stay of the reinstatement. If the CAT has dismissed the application and the employee has appealed, the employee may seek a stay of the termination. The High Court may grant the stay on conditions, such as payment of salary or maintenance of status quo. A further appeal lies before the Supreme Court under Article 136 of the Constitution (special leave petition).