Administrative Dispute Court (CADC)
The Central Administrative Tribunal (CAT), established in 1985 under the Tribunals Act, has been a crucial institution in providing speedy and cost-effective justice to government employees regarding their service matters. However, recent developments and criticisms have highlighted several challenges the CAT is facing.
Recent reports suggest that several CAT benches are operating with only 50% of their sanctioned strength, causing delays and inefficiencies. The pendency of more than 1 lakh cases before the CAT is a concern, with the disposal rate, while above 90%, still leaving a significant backlog.
One of the key issues facing the CAT is the lack of sufficient courtrooms, support staff, and technological resources. This deficiency hampers the smooth functioning of the tribunal, leading to delays and inconsistencies in decision-making.
Criticisms have also been raised about inconsistent and biased decisions across CAT benches, which create confusion and undermine its credibility. Allegations of political interference and lack of autonomy in deciding the day-to-day administration of CAT further add to these concerns.
In an effort to address these issues, the Supreme Court has recently remarked that the Tribunal should not function as a wing of the executive. The Delhi High Court has also suggested implementing e-filing and digital case management systems to improve efficiency.
The Madras Bar Association, in 2021, challenged the Tribunal Reforms Act and called for reforms in administrative tribunals like CAT. The Calcutta High Court, in the same year, set aside the impugned case transfer order passed by the principal bench of the CAT against a former Bengal Chief Secretary.
Despite these challenges, the CAT continues to make strides in disposing of cases. As of now, 366,879 cases have been disposed of by CAT, with an average disposal rate above 90%.
In a notable case, the Mumbai bench of CAT ordered the cancellation of Puja Khedkar's candidature for the Civil Services Examination 2021 because of her failure to appear for the medical examination that is mandatory for joining the All-India Services.
The CAT operates under the principles of natural justice rather than the rigid procedures of the Civil Procedure Code, 1908. This approach aims to ensure fair and impartial decisions, but the inconsistencies across benches raise questions about its effectiveness.
To address these issues, it is crucial to enhance infrastructure by establishing more CAT benches across the country. This would not only reduce the caseload per bench but also ensure that justice is delivered more swiftly and effectively.
In conclusion, while the CAT plays a vital role in delivering speedy and cost-effective justice to government employees, it faces numerous challenges. Addressing these issues requires concerted efforts from all stakeholders, including the government, the judiciary, and the bar. Only then can the CAT live up to its potential and deliver justice in a timely and efficient manner.