Consider the following statements with reference to lsquo Central Administrative tribunal rsquo CAT ...........

Indian Polity Tribunals

Consider the following statements with reference to ‘Central Administrative tribunal’ (CAT):

1. The Central Administrative Tribunal had been established under Article 323 -A of the Constitution.

2. The CAT is bound by the procedure laid down in the Civil Procedure Code of 1908.

3. Appeals against the orders of the CAT could be made only in the Supreme Court and not in the high courts.

Which of the statements given above is/are correct?

2 and 3 only

1 only

1 and 3 only

1, 2 and 3

Statement 1 is correct: 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.
Statements 2 and 3 are not correct: The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice. These principles keep the CAT flexible in approach. Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the high courts. However, in the Chandra Kumar case (1997), the Supreme Court declared this restriction on the jurisdiction of the high courts as unconstitutional, holding that judicial review is a part of the basic structure of the Constitution. It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned high court. Consequently, now it is not possible for an aggrieved public servant to approach the Supreme Court directly against an order of the CAT, without first going to the concerned high court.