Section 20 of the Administrative Tribunals Act, 1985: Exhaustion of Departmental Remedies

Section 20 governs when an application may ordinarily be admitted by an Administrative Tribunal. In simple terms, an applicant should first use the remedies available under the applicable service rules before approaching the Tribunal.

In brief

A person is treated as having exhausted departmental remedies when the competent authority has passed a final order rejecting the appeal or representation, or when six months have expired after the appeal or representation without a final order. A memorial to the President, Governor or another functionary is generally not a remedy that must be pursued unless the applicant elects to use it.

What does Section 20 mean?

The expression "application not to be admitted unless other remedies exhausted" reflects the rule that the Tribunal should ordinarily be approached after the applicant has first invoked the departmental or service-rule remedies available for redressal of the grievance.

The provision is procedural but important. It works together with Section 19, which deals with applications to Tribunals, and Section 21, which governs limitation. Exhausting a departmental remedy does not by itself cure a claim that has otherwise become barred by limitation.

Text of Section 20

Administrative Tribunals Act, 1985

20. Applications not to be admitted unless other remedies exhausted.

(1) A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances.

(2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances, -

(a) if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or

(b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.

(3) For the purposes of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be one of the remedies which are available unless the applicant had elected to submit such memorial.

When are departmental remedies treated as exhausted?

1. A final departmental order has been passed

Under Section 20(2)(a), the requirement is satisfied where the competent Government, authority, officer or other person has passed a final order rejecting the appeal or representation made in connection with the grievance.

2. No final order is passed for six months

Under Section 20(2)(b), if the applicant has preferred the appeal or made the representation but the competent authority has not passed a final order, the remedies are deemed to have been availed after six months from the date of that appeal or representation.

3. Memorials to constitutional or other functionaries

Section 20(3) clarifies that a memorial to the President, the Governor of a State or another functionary is not ordinarily treated as a remedy that must first be exhausted. If the applicant chooses to submit such a memorial, however, that election may become relevant under the section.

Important limitation point

Section 20 should be read with Section 21. A representation made long after the original cause of action does not automatically revive an otherwise stale service claim. The Supreme Court has reiterated that where a grievance is not based on a formal adverse order, a representation may be necessary, but it must be made within a reasonable time.

Practical checklist before filing an Original Application

Identify the service rule, appeal, review, revision or representation remedy that applies to the grievance.
Keep proof of the date on which the appeal or representation was submitted.
If a final departmental order is received, calculate Tribunal limitation from the legally relevant date.
If no final order is received, note the six-month period mentioned in Section 20(2)(b).
Do not assume that repeated or belated representations extend limitation.
Read Section 19 together with Section 20 and the limitation provisions before filing.

Official source

For the authoritative consolidated text and amendment history, refer to the Administrative Tribunals Act, 1985 on India Code. Information about the Central Administrative Tribunal is also available through the official Central Administrative Tribunal website.