Chapter 63
Tribunal (Part 14 A):
--42nd Amendment = Tribunals
--Type= 1)Administrative 2) for other purpose
Administrative Tribunal (AT) (Ar 323 A):
--Took the powers(@adjudication over service dispute, civil in nature) from court to Central Gov.
--Tribunal provided= Speedy + inexpensive Justice.
--How speedy = does not follow CrPC.=follows NATURAL JUSTICE.
--2 Type Administrative = CAT(Centre) and SAT (state)
CAT (Central Administrative Tribunal):
--Original Jurisdiction (Sidha tribunal ana hai)
--Services included= All India Services + Central Services = only Civil post.
--Services NOT included= Civil post in Defence+ Supreme court +secretarial staff of Parliament.
--Structure = 1 Chairman +65 Member
>Member = equivalent to HC judge.
>Appointed by = President
>Recommended by=high power selection Committee= Chaired by sitting judge of SC nominated by CJI.===Approved by Appointed Committee of Cabinet.
--Tenure= 5 Year /65 Age for member(62 for chairman).
--Appeal against: = First to HC then to SC.
>Although Members of Tribunal is equivalent to HC judges----for appeal you need to go HC first= because “SC ruled that bypassing HC= attack on Judicial review power of HC”.
SAT (State Administrative Tribunal):
--Original jurisdiction of State employee.
--created/removed by Centre on the request of State.
--Structure= Chairman + Member= appointed by President on consultation by Governor.
--Joint SAT=for two or more States.
--9 states have it…..many removed (by requesting the centre.)
Tribunal (Part 14 A):
--42nd Amendment = Tribunals
--Type= 1)Administrative 2) for other purpose
Administrative Tribunal (AT) (Ar 323 A):
--Took the powers(@adjudication over service dispute, civil in nature) from court to Central Gov.
--Tribunal provided= Speedy + inexpensive Justice.
--How speedy = does not follow CrPC.=follows NATURAL JUSTICE.
--2 Type Administrative = CAT(Centre) and SAT (state)
CAT (Central Administrative Tribunal):
--Original Jurisdiction (Sidha tribunal ana hai)
--Services included= All India Services + Central Services = only Civil post.
--Services NOT included= Civil post in Defence+ Supreme court +secretarial staff of Parliament.
--Structure = 1 Chairman +65 Member
>Member = equivalent to HC judge.
>Appointed by = President
>Recommended by=high power selection Committee= Chaired by sitting judge of SC nominated by CJI.===Approved by Appointed Committee of Cabinet.
--Tenure= 5 Year /65 Age for member(62 for chairman).
--Appeal against: = First to HC then to SC.
>Although Members of Tribunal is equivalent to HC judges----for appeal you need to go HC first= because “SC ruled that bypassing HC= attack on Judicial review power of HC”.
SAT (State Administrative Tribunal):
--Original jurisdiction of State employee.
--created/removed by Centre on the request of State.
--Structure= Chairman + Member= appointed by President on consultation by Governor.
--Joint SAT=for two or more States.
--9 states have it…..many removed (by requesting the centre.)
For other Purpose (Ar 323 B):
--Parliament / State = can create tribunals for:
>Taxation +Foreign exchange, import and export +Industrial and labor + Land reform+ ceiling on urban property + Election (Legislature) + food stuffs +Rent and Tenancy .
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323
A (Administrative Tribunals)
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323
B (for other purpose)
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Created by
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Centre
(both CAT + SAT)
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Centre/
State
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Scope
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Deals with matters of “Public Services”
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Other matter
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Hierarchy
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Nope=
only 1 for Centre and State
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Yes….as
multiple tribunal
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