MA

MEDHA ANANDAIR 13· 2023

Question 4GS2GS2

Discuss the mandate of the Central Administrative Tribunal (CAT). To what extent earlier, SC verdicts have resolved the jurisdictional tussle between CAT and High court?

Open scan (p.12)

Introduction

Art 323 A established Central Administrative Tribunal on Swaran Singh committee's recommendation to look into service matters.

17 words

Main Body

Diagram showing CAT as quasi-judicial body that: - reduces case load on judiciary - helps in solving docket explosion in judiciary - has subject specific experts Mandate of CAT: (1) Service matters of civil servants and All India servants are looked after (2) Adherence to serve rules - Code of Conduct for AIS is followed (3) Principle of Natural Justice is the key to ensure discussions related to promotion, transfer are discussed.

4Evidence Act is given less importance to write hearing cases of suspension etc. Issues of tussle with High Courts: Justiciality, appellate jurisdiction from CAT was given to SC, the very bypassing HC (Art 226 was overlooked). In L. Chandra Kumar case, the court decided that in lieu of Art 226 and Art 14(1) (complete justice), appeals from CAT would lie to HC. This leads to long judicial years of issues unresolved case, dismantled of justice, encased pendency of cases. Thus, so has largely solved jurisdictional tussle between CAT and HC, but still matters of subjects of both remain unresolved and overlapping.

— MEDHA ANAND · AIR 13

174 words1 paragraphs

Conclusion

Thus, so has largely solved jurisdictional tussle between CAT and HC, but still matters of subjects of both remain unresolved and overlapping.

22 words

Diagram

CAT shown as a quasi-judicial body with three key functions: reducing case load on judiciary, helping solve docket explosion, and having subject specific expertise.

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Topper

MEDHA ANAND

AIR 132023

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Tribunals

Central Administrative Tribunal

Writing Stats

213

Total words

1

Paragraphs

analytical

Tone

Linked PYQ

Rajesh is a Group A officer with nine years of service. He is posted as Administrative Officer in an Oil Public Sector undertaking. As an Administrative Officer he is responsible for managing and coordinating various administrative tasks to ensure smooth functioning of office. He also manages office supplies, equipment etc. Rajesh is now sufficient senior and is expecting his next promotion in JAG (Junior Administrative Grade) in the next one or two years. He knows that promotion is based on examination of ACRs/Performance Appraisal of last few years (5 years or so) of an officer by a DPC (Departmental Promotion Committee) and an officer lacking requisite grading of ACRs may not be found fit for promotion. Consequences of losing promotion may entail financial and reputational loss and set- back for career progression. Though he also puts his best efforts in official discharge of his duties, yet he is unsure of assessment by his superior officer. He is now putting extra efforts so that he gets thumping report at the end of financial year. As Administrative Officer, Rajesh is regularly interacting with his immediate boss, who is his reporting officer for writing his ACR. One day he calls Rajesh and wants him to buy computer- related stationery on priority from a particular vendor. Rajesh instructs his office to initiate action for procuring these items. During the day, the dealing Assistant brings an estimate of Rupees Thirty Five Lakhs covering all stationery items from the same vendor. It is noticed that as per delegated financial powers, as provided in the GFR (General Financial Rules) as applicable in that Organisation, expenditure for office items exceeding Rupees Thirty Lakhs requires sanction of the next higher authority (boss in the present case). Rajesh knows that immediate superior would expect all these purchases should be done at his level and may not appreciate such lack of initiative on his part. During discussions with office, he learns that common practice of splitting of expenditure (where large order is divided into a series of smaller ones) is followed to avoid obtaining sanction from higher authority. This practice is against the rules and may come to the adverse notice of Audit. Rajesh is perturbed. He is unsure of taking decision in the matter. (a) What are the options available with Rajesh in the above situation ? (b) What are the ethical issues involved in this case ? (c) Which would be the most appropriate option for Rajesh and why ?

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