Administrative Tribunals Act, 1985
Section 14 of CAT Act 1985: Jurisdiction, Powers and Authority of the Central Administrative Tribunal
Section 14 of the Administrative Tribunals Act, 1985 defines the principal jurisdiction of the Central Administrative Tribunal (CAT) over recruitment and service disputes involving specified Union services, civil posts, civilian defence posts and certain notified government-controlled bodies.
- CAT jurisdiction extends to recruitment and specified service matters concerning Union services and posts covered by the Act.
- It covers members of All-India Services, Union civil servants and civilians serving in specified defence-related posts.
- It also covers certain deputation-related service matters where services are placed at the disposal of the Central Government.
- Under Section 14(2), the Central Government may extend CAT jurisdiction by notification to qualifying local or other authorities, corporations and societies.
- Orders of CAT are subject to judicial review before the jurisdictional High Court under Articles 226 and 227 of the Constitution.
What does Section 14 of the Administrative Tribunals Act mean?
In practical terms, Section 14 identifies the categories of recruitment and service disputes that ordinarily fall within the Central Administrative Tribunal's statutory field. The provision must be read with the rest of the Administrative Tribunals Act, especially the definitions in Section 3, the application procedure in Section 19 and the requirement relating to exhaustion of other remedies in Section 20.
The expression "service matters" is defined in Section 3(q) of the Act. It includes matters relating to conditions of service such as remuneration and allowances, pension and retirement benefits, tenure, confirmation, seniority, promotion, reversion, premature retirement, superannuation, leave, disciplinary matters and other service-related matters.
The CAT was established under Article 323A of the Constitution for adjudication of disputes and complaints relating to recruitment and conditions of service of persons serving the Union and other bodies brought within the statutory scheme.
Section 14 - statutory text
14. Jurisdiction, powers and authority of the Central Administrative Tribunal.
(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court) in relation to -
(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian;
(b) all service matters concerning -
(i) a member of any All-India Service; or
(ii) a person [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any civil service of the Union or any civil post under the Union; or
(iii) a civilian [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any defence services or a post connected with defence,
and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation [or society] owned or controlled by the Government;
(c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation [or society] or other body, at the disposal of the Central Government for such appointment.
Explanation. - For the removal of doubts, it is hereby declared that references to "Union" in this sub-section shall be construed as including references also to a Union territory.
(2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controlled by Government, not being a local or other authority or corporation [or society] controlled or owned by a State Government:
Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [or societies].
(3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) in relation to -
(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [or society]; and
(b) all service matters concerning a person [other than a person referred to in clause (a) or clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs.
Who is generally covered by Section 14?
Subject to the precise statutory language and exclusions elsewhere in the Act, Section 14 principally covers recruitment and service matters relating to members of All-India Services, persons appointed to civil services or civil posts under the Union, civilians in specified defence services or defence-connected posts, and certain persons serving the Union on deputation or similar placement.
Extension of CAT jurisdiction to notified bodies
Section 14(2) enables the Central Government to extend the operation of Section 14(3), by notification, to qualifying local or other authorities and to corporations or societies owned or controlled by Government. Whether a particular organization falls within CAT jurisdiction should therefore be checked against the applicable notification and the nature of the employee's service.
Judicial review of CAT orders
Although Section 14 describes the Tribunal's jurisdiction in broad terms, CAT orders remain subject to constitutional judicial review. The Central Administrative Tribunal's official information page records that, following the Supreme Court decision in L. Chandra Kumar, CAT orders are challenged by writ petition under Articles 226 and 227 before the High Court having territorial jurisdiction over the concerned Bench.
Related provisions
For a complete jurisdiction analysis, Section 14 should be read with Section 3 (Definitions), Section 15 (State Administrative Tribunals), Section 16 (Joint Administrative Tribunal), Section 19 (Applications to Tribunals) and Section 20 (Exhaustion of other remedies).