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Section 14 The Administrative Tribunals Act, 1985

The Administrative Tribunals Act, 1985

 

 

14. JURISDICTION, POWERS AND AUTHORITY OF THE CENTRAL ADMINISTRATIVE TRIBUNAL. –

 

(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court) 1[***]in relation to –

 

(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a Post connected with defence or in the defence services, being, in either case, a post filed by a civilian;

 

(b) all service matters concerning – (i) a member of any All-India Service; or

 

(ii) a person [not being a member of an All-India Service or a person referred to in clause-(c) appointed to any civil service of the Union or any civil post under the Union; or

 

(iii) a civilian [not being a member of an All-India Service or a person referred to in clause (c) appointed to any defence services or a post connected with defence, and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation or society owned or controlled by the Government;

 

(c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation 2[***]ior society or other body, at the disposal of the Central Government for such appointment.

 

2[***]iExplanation : For the removal of doubts, it is hereby declared that references to “Union” in this sub-section shall be construed as including references also to a Union Territory.

 

(2) The Central Government may, by notification apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations or society owned or controlled by Government, not being a local or other authority or corporation or society controlled or owned by a State Government :

 

Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of local or other authorities or corporations.

 

(3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation or society, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court in relation to –

 

(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation or society; and

 

(b) all service matters concerning a person [other than a person referred to in clause (a) or clause (b) of sub-section (1) appointed to any service or post in connection with the affairs of such local or other authority or corporation or society and pertaining to the service of such person in connection with such affairs.

 

Comments

 

(i) Section 14 vests in the Tribunal the jurisdiction, power and authority earlier exercised by courts, in respect of service matters; P. Lal v. Union of India, AIR 2003 SC 1499.

 

(ii) Question relating to the Constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy and within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions, envisaged in the Constitution of India and it is not for the Statutory Tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State; P.U. Joshi v. Accountant General, Ahmedabad, AIR 2003 SC 2156.

 

(iii) Where before the conclusion of enquiry and without referring to the charges, against a Government servant, an order of termination of service is passed, it is merely a cloak for the order of punishment; Om Prakash Goel v. Himachal Pradesh Tourism Development Corporation Ltd., AIR 1991 SC 1490.

 

(iv) This section confers no Jurisdiction, power and authority on the Tribunal to deal with service matters of employees like teachers of secondary schools; Union of India v. Tejram Parashramji Bombhali, AIR 1992 SC 570.

 

——————–

 

1. The words “under article 136 of the Constitution” omitted by Act 19 of 1986, sec. 11 (w.r.e.f. 22-1-1986).

 

2. Ins. by Act 19 of 1986, sec. 11 (w.r.e.f. 22-1-1986).

 

 

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Administrative Tribunals Act 1985

 

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