Handling of Central

Administrative
Tribunal Cases
 Benches of CAT
 Principal bench (New  Guwahati Bench
Delhi  Hyderabad bench
 Allahabad Bench  Jabalpur bench
 Lucknow Bench  Jodhpur bench
 Bangalore bench  Jaipur bench
 Calcutta bench  Madras bench
 Chandigarh Bench  Bombay bench
 Cuttack bench  Patna bench
 Ernakulam Bench
 Functioning of the CAT
 Single Bench
 Change of Date of Birth
 Adverse entries in ACR
 Compassionate Appointment
 Allowances
 L.T.C.
 Transfer
 Pension
 GPF
 Functioning of the CAT
 Division Bench
 Seniority
 Promotion
 Termination
 Disciplinary proceedings
 Full Bench – constituted as and when
required.
 Specific issues wherein there have been
conflicting order on various occasions
 CAT Terms
 Affidavit  Contempt
 Applicant  Cost
 Application  Division / Single Bench
 Members  Default
 Bench  Deponent
 Cause List  Estoppel
 Brief Transmission Form  Ex-parte
 CCP  Interim order
 CAT Terms
 Index  Rejoinder
 Jurisdiction  Reply
 Limitation  Res-Judicata
 On Board  Respondent
 Oral order  Restoration
 Part heard  Review Application
 Pleadings  Special leave Petition
 Preliminary Objections  Ultra Vires
 Presenting Officer  Verification
 Types of Applications
 Original Application
 Transferred Application
 Review Application
 Contempt Petition
 Petition for Transfer
 Miscellaneous Application
 Who can file an application
 Subject to the provisions of the
AT Act, 1985 a person, aggrieved
by any matter within the
jurisdiction of the Central
Administrative Tribunal can file an
application in the CAT.
 On Reciept of Notice
 Either by post or through officials
 Dasti
 To be acknowledged indicating Date and Time of
receipt
 Type of notices
 Notice to show cause against admisison
 Notice after admission – for the purpose of contesting
the case
 Notice meant for the employees working under the
respondent department
 On Reciept of Notice
 HoD to get the notices served on private
respondents and file an affidavit confirming
compliance
 Check who will defend the case
 Call information from the co-respondents
 Primary respondent to engage a Government
Counsel
 A departmental officer can also be authorized
(Group A officer with the approval of Minister-in-
Charge)
Preparation and Filing of Reply
 Ascertain the veracity of the facts narrated
by the applicant
 Ascertaining the correct facts relating to
the issue agitated in the OA
 Exploring the possibility of raising any
preliminary objections regarding
maintainability of the OA
 Collection of documents in support of the
cases of the respondents
Preparation and Filing of Reply
 Collection of documents in support of the
case of the respondents
 Identification of any identical case file dby
any other employees of the department
for similar relief
 No need to reinvent wheel
 Will facilitate linking and disposal together
 Identification of any precedent –
especially unreported cases.
Preparation and Filing of Reply
 Prepare the reply as per the prescribed
format –
 Identity of the official filing the reply
 His competence to file the reply
 Confirmation that he has read the OA fully
etc.
 Brief background of the case
 Specifically “Admit” or “Deny”. If denying
give reasons.
 Preliminary Objections
 Jurisdiction
 Place of filing application
 Limitation
 Mis-Joinder & Non-Joinder of parties
 Res-judicata (A thing which has been
decided)
 Estoppel
 Non-exhausting of official rememdies
 Preliminary Objections
 Suggestio falsi and suppressio veri
 Plural remedies
 Place of filing application
 The applicant is posted for the time being,
or
 The cause of action, wholly or in part, has
arisen
 With the leave of Chairman, can also be
filed in PB
 A person who is not in service – at the
place where he is ordinarily residing.
 Limitation
 Section 21
 Within one year from the date of passing
of the final order
 Representation – six months + 1 year
 Three years preceding the date on which
the jurisdiction, powers and authority of
the Tribunal becomes exercisable if not
already challenged – to be filed within six
months
 Limitation
 Can be condoned – generally a separate
MA is filed by the applicant
 Respondents can challenge the
maintainability of the OA on the ground of
Limitation alone
 Repeated representations not a valid
ground
Preparation and Filing of Reply
 While drafting reply:
 Avoid repetition of facts and invite attention
to the relevant facts
 Point out the additional facts given by the
applicant which are not relevant to the OA
and which the respondent is not in a position
to prove.
 Formal statements does not call for reply.
 Keep the language clear
Preparation and Filing of Reply
 Avoid abbreviations
 Quote exact statutory provisions
 Bring out the prayer clearly.
 Get the draft reply approved by the Govt
Counsel
 Get it vetted by the Legal Adviser
 Get it signed by an authorised signatory
 File the reply and take acknowledgement
 Listing and Posting of Cases
 Ready List – for internal use
 Warning List –cases likely to be listed for regular
hearing
 Daily cause list – published by 5:30 p.m.
everyday giving details of the cases to be heard
on the next day.
 Quorum, Court Halls, Details of the cases – party
name, legal practition name etc.
 Regular matters and cases for pronouncement of
Order, for admission, direction etc.
 Listing and Posting of Cases
 Order in which cases are taken:
 Pronouncement of judgements
 Mention
 Cases for admission / direction etc.
 Regular matter
 If applicant is absent – may be dismissed
in default or decided on merit after
hearing the respondent
 If
 Listing and Posting of Cases
 If the respondent is absent, the case may be
decided ex-parte by hearing the applicant
 If both the parties are absent, the case may be
dismissed for default or appearance of the
applicant or may be decided on merit by perusal
of the written submission
 If both the parties are present, the case will be
heard.
 Part Heard cases – to be heard by the same
bench
 Review Application
 Section 22 of the AT Act, 1985
 Same power as are vested in a Civil Court under
the Code of Civil Procedure 1908 under the
following circumstances
 On the basis of discovery of new and important
matter of evidence which after exercise of due
diligence, was not within the applicant’s knowledge or
could not be produced by the party at the time when
the order was passed;
 On account of mistake or error apparent on the face
of the judgement;
 Or for any other sufficient reason.
 Review Application
 Detailed argument is not necessary
 Party will not be allowed to reopen a case
under the guise of review
 Plea not taken in the OA cannot be taken
 To be filed within 30 days from the date of
receipt of the copy of the order
 Can be decided by circulation without
listing the cases.
 Review Application
 RA and CA to it to be supported by sworn
affidavits.
 Review is without prejudice of right to
appeal.
 Even after losing SLP in SC, RA can be
filed.
 Pendency of RA valid defence in Contempt
proceedings