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Srishti MishraAIR 95· 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 courts?

Open scan (p.12)

Main Body

Central Administrative Tribunal CAT is a quasi-judicial body that seeks to resolve disputes and allegations connected with officers in service as part of Groups A, B, C, D as a channel for voicing grievances and carve in administration. Mandate of CAT: 1. Considers cases against service officers, e.g. recent case of Prabhat Singh UPSC 8093 regarding difficulties laid. 2. Investigates the case and holds civil court power to summon witnesses and evidence. 3. Invokes judicial and executive members with domain expertise to reach recommendations for government to act upon.

Tussle between High Courts and CAT: 1. Overlapping jurisdictions of large courts and CAT. 2. Double filing of cases and opposing verdicts. 3. High Courts bear political bias in CAT. 4. All India services in state services jurisdiction. So verdict: the SC has maintained that like other tribunals, the CAT also has singular jurisdiction over cases it takes up and High Court must not interfere. As a result, CAT has become somewhat more efficient and effective with reduced interference at the state level cases.

— Srishti Mishra · AIR 95

173 words1 paragraphs
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Topper

Srishti Mishra

AIR 952023

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Dispute Redressal Mechanisms

Tribunals

Writing Stats

173

Total words

1

Paragraphs

descriptive

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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