The Supreme Court on May 13 invoked Article 142 of the Constitution to pass an order in directing incumbents who are holding the post of members of CAT as judicial or administrative members to continue to function even beyond their term, subject to their consent and availability .
Supreme Court’s observations
- The directions were issued in a petition filed by Central Administrative Tribunal (Principal Bench) Bar Association seeking stay on the impending retirement of all the existing Judicial/Administrative Members of CAT who are due for retirement till all the vacancies are filled.
- Out of 69 members in CAT across India, 29 judges are in place today and there are 41 vacancies, how will the tribunals function if no appointment is made, the bench noted.
- A bench of Justices DY Chandrachud and Surya Kant said that if the remaining 27 members of the tribunals out of the total sanctioned strength of 69 also retires, “then it would further collapse”.
About Central Administrative Tribunal (CAT)
- The Central Administrative Tribunal had been established under Article 323 -A of the Constitution for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government.
- There are 17 Benches and 21 Circuit Benches in the Central Administrative Tribunal all over India.
- Initially the decision of the Tribunal could be challenged before the Supreme Court by filing Special Leave Petition.
- However, after the Supreme Court’s decision in L. Chandra Kumar’s case, the orders of Central Administrative Tribunal are now being challenged by way of Writ Petition under Article 226/227 of the Constitution before respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated.
- The Tribunal is guided by the principles of natural justice in deciding cases and is not bound by the procedure, prescribed by the Civil Procedure Code.
- Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
About Article 142
- Article 142 of the Constitution empowers the Supreme Court to pass such decree or make such order, in the exercise of its jurisdiction, as is necessary for doing complete justice in any cause or matter pending before it and those decrees or orders shall be enforceable throughout the country in such manner as may be prescribed by or under any law made by the Parliament
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