Source: Allahabad High Court 

Why in News? 

Recently, the Allahabad High Court in the matter of Arun Kumar Gupta v. Union of India Thru.Secy.Ministry of Chemical and Fertilizer Deptt. Chemical Petro Chemical and Ors., has held that the Administrative Tribunals are the substitutes for the Civil Court and has the same powers as of the Civil Courts under the Code of Civil Procedure, 1908 (CPC). 

What was the Background of the Arun Kumar Gupta v. Union of India Thru.Secy.Ministry of Chemical and Fertilizer Deptt. Chemical Petro Chemical and Ors Case? 

• In the present case, the petitioner filed a writ petition before the Allahabad High Court against the order passed by the Central Administrative Tribunal (CAT) in the Transfer Application. 
• Certain queries were raised by the petitioner to the respondent part. 
• The issues raised in the writ were: 
  • Whether its powers are Akeen to the powers of judicial review, available to the High Court under Article 226 in the Constitution of India,1950 (COI) or they are Akeen to a Court or a Tribunal of first instance, such as, the Civil Court. 
  • Whether the Tribunal has misdirected itself by proceeding to decide the Original Application as if it was exercising the powers of judicial review? 

What were the Court’s Observations? 

• The Allahabad High Court observed that that: 
  • The purpose of the Administrative Tribunals Act, 1985 (AT Act) is to provide speedy trials to the State and Central Government employees whenever there is any dispute regarding service. 
  • The powers given to tribunals under the AT Act are similar to the Civil Court and the act does not provide the power of judicial review to the tribunals as provided to the High Court under Article 226 of the Constitution of India (COI). 
  • The High Court under Article 226 of the COI only deals with summary proceedings and not with the other aspects such as evidence and facts finding. 
  • The present order passed is a summary proceeding and the High Court has the power to exercise its power under Article 226 in regard to the present application. 
• Therefore, the Allahabad High Court directed the Tribunal to rehear the Transfer Application.

What is the Landmark Judgement Referred to in the Present Case?

• L. Chandra Kumar v. Union of India, (1997): 
  • In this case the court held that the Tribunal would act as the only court of first instance in respect of the areas of law for which they have been constituted.

What is Central Administrative Tribunal (CAT)?

About: 

• CAT is a specialized judicial body established under Article 323-A of COI and AT Act to adjudicate disputes related to recruitment and service conditions of public servants.  
• It has jurisdiction over service matters of employees of the Union government and other authorities under central government control.  
• The tribunal comprises a chairman (a sitting or retired High Court Judge) and both Administrative and Judicial Members, chosen for their expertise in relevant areas.  
• CAT operates through 17 regular benches and 21 circuit benches across India, aiming to provide speedy and cost-effective justice to aggrieved public servants.  
• While not bound by CPC, CAT adheres to principles of natural justice in its proceedings and possesses contempt powers equivalent to a High Court.  
• The tribunal's independence is safeguarded by providing its Chairman and Members with service conditions comparable to High Court Judges.  
• Appeals against CAT orders can be made to the respective High Court via writ petitions under Articles 226/227 of COI.

Jurisdiction and Powers of CAT:

• Chapter III of AT Act states the provisions regarding jurisdiction and powers of the CAT as: 
  • The CAT has jurisdiction over: (Section 14)  
    • Recruitment and service matters concerning civil services/posts under the Union  
    • Service matters of All India Service officers  
    • Service matters of civilian defense employees  
  • State Administrative Tribunals have jurisdiction over: (Section 15)  
    • Recruitment and service matters concerning civil services/posts under the State  
    • Service matters of employees of State-controlled local authorities and corporations  
  • Tribunals have the powers of a civil court under the Code of Civil Procedure, 1908 for: (Section 22)  
    • Summoning and enforcing attendance of persons  
    • Requiring discovery and production of documents  
    • Receiving evidence on affidavits  
    • Issuing commissions for examination of witnesses or documents  
    • Reviewing decisions  
    • Any other matter prescribed