Appeal filed by department against the order of cat - reg.
Vasudevan
(Querist) 09 August 2023
This query is : Resolved
Respected Learned Expert(s), I was suspended by my department pending criminal case. The criminal case was ended in my favour after a full trial. My department has denied to regularise the suspension period stating that I had been acquitted on technical grounds and benefit of doubt and ordered to treat it as dies non period. I had challenged the order before CAT. The CAT is pleased to pass an order in my favour. However, my department has filed appeal before the High Court. However, to my limited knowledge, I understand that Section 28 of Administrative Tribunal Act, 1985 excludes jurisdiction of courts except Supreme Court in relation to service matters. I therefore request the Learned Expert(s) kindly to clarify whether the High Court has jurisdiction to entertain the appeal against the order of CAT? If not, any case law in the matter be informed. As I intend to appear as Party in Person, before the High Court, I pray the Learned Expert(s) kindly to give their valuable opinion on the issue.
Thanks to all Learned Expert(s) in anticipation.
kavksatyanarayana
(Expert) 09 August 2023
Any order passed by CAT is "non-appealable". The order passed by CAT can be assailed in an appropriate writ under Articles 226 & 227 of the Constitution of India before the High Court of Jurisdiction, however, there is "no" limitation prescribed for invoking writ jurisdiction, but it should be within a reasonable time.
T. Kalaiselvan, Advocate
(Expert) 09 August 2023
The orders of Central Administrative Tribunal are challenged by way of Writ Petition under Article 226/227 of the Constitution before respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated.
The conditions of service of the Chairman and Members are the same as applicable to a Judge of High Court as per the Administrative Tribunals (Amendment) Act, 2006.
N.K.Assumi
(Expert) 10 August 2023
Querist, you are well aware of the provision of Section 28 of the CAT 1985, so why bother posting the efficacy of the provision in LCI, or do you doubt the written statutes?
Vasudevan
(Querist) 10 August 2023
Respected Learned Experts, Much obliged by the response of S/Shri KAVK Satyanarayana and T. Kalaiselvan. Shri NK Assumi, by the clarification of the above Learned Experts, it is understood that Section 28 CAT Act ultravires the Constitution and hence cannot be enforced. I presume that you may also got the clarification on the efficacy of the provisions.
Vasudevan
(Querist) 19 August 2023
Much obliged for the response of Learned Shri Sudhir Kumar Sir.
Sudhir Kumar, Advocate
(Expert) 18 August 2023
