Administrative Tribunals Act, 1985
Section 11 of the Administrative Tribunals Act, 1985: Post-Tenure Restrictions on Chairman and Members
Section 11 regulates what a Chairman or Member of an Administrative Tribunal may do after ceasing to hold office. It restricts certain further government employment, permits specified tribunal appointments, and bars a former Chairman or Member from appearing, acting or pleading before a Tribunal of which that person was a Chairman or Member.
In brief: Section 11 is a post-tenure independence and conflict-of-interest provision. It limits future government employment and professional appearance before the same Tribunal after a Chairman or Member leaves office.
Updated: 14 September 2026
What does Section 11 provide?
On ceasing to hold office, Section 11 lays down different consequences depending on whether the person served as Chairman of the Central Administrative Tribunal, Chairman of a State or Joint Administrative Tribunal, or as another Member.
Clause (a): Chairman of the Central Administrative Tribunal
The Chairman of the Central Administrative Tribunal becomes ineligible for further employment under the Government of India or a State Government after ceasing to hold office.
Clause (b): Chairman of a State or Joint Administrative Tribunal
Subject to the other provisions of the Act, such a Chairman may be appointed as Chairman or another Member of the Central Administrative Tribunal, or as Chairman of another State Administrative Tribunal or Joint Administrative Tribunal. Apart from such permitted tribunal appointments, further employment under the Union or a State Government is barred.
Clauses (c) and (d)
Clauses (c) and (d) were omitted by the Administrative Tribunals (Amendment) Act, 2006 (Act 1 of 2007), with effect from 19 February 2007.
Clause (e): Other Members
A Member other than the Chairman may, subject to the other provisions of the Act, be appointed as Chairman of that Tribunal or as Chairman, Vice-Chairman or another Member of another Tribunal. Other government employment is restricted in the manner stated in Section 11.
Clause (f): Bar on appearance before former Tribunal
A former Chairman or other Member shall not appear, act or plead before any Tribunal of which that person was Chairman or Member. This provision is intended to avoid conflicts arising from a former adjudicatory role in the same institution.
Meaning of important terms
Section 3 of the Act supplies the relevant statutory definitions. "Chairman" means the Chairman of a Tribunal. "Member" means a Judicial or Administrative Member and includes the Chairman. "Tribunal" means the Central Administrative Tribunal, a State Administrative Tribunal or a Joint Administrative Tribunal.
The Explanation to Section 11 gives an extended meaning to employment under the Government of India or a State Government. It includes employment under a local or other authority within India or under the control of the Government of India, as well as employment under a corporation or society owned or controlled by the Government.
Amendment note: The reference to a "society" in the Explanation was inserted by Act 19 of 1986. The 2007 amendment also omitted several references connected with the earlier Vice-Chairman structure.
Why Section 11 matters
The section serves two connected purposes. First, it limits the possibility that adjudicatory office may become a route to ordinary post-retirement government employment. Second, it prevents a former Chairman or Member from immediately appearing before the same Tribunal in which that person exercised adjudicatory functions.
The exact consequence in an individual case depends on the office previously held and the proposed appointment or professional activity. Section 11 should therefore be read together with the definitions in Section 3 and the other provisions governing appointment, tenure and service conditions of Tribunal Members.
Official legal resources
- India Code - Administrative Tribunals Act, 1985
- Central Administrative Tribunal - Official Website
- Central Administrative Tribunal - Judgments Portal
Related provisions of the Administrative Tribunals Act, 1985
For a complete understanding of Tribunal appointments and service conditions, Section 11 may be read with Section 3 (Definitions), Section 8 (Term of office), Section 9 (Resignation and removal), Section 10 (Salaries, allowances and service conditions), and Section 12 (Financial and administrative powers of the Chairman).
This page is an explanatory legal article. For authoritative text and subsequent amendments, verify the current statute on India Code and the relevant official notifications.