Challenging an order of the administrative tribunal
Querist :
Anonymous
(Querist) 03 August 2018
This query is : Resolved
Respected Experts,
It is often found that the aggrieved party (Officers in government service) who wants to challenge an unfavourable order issued by an Administrative Tribunal in a service dispute, approach the High Court with an Original Petition (OP) and they get numbered as OP (KAT) or OP (CAT) even though the Administrative Tribunal Act does not specifically provide for any further petition or appeal.
Can anyone among the experts tell me the provision under which such an OP is filed?
Regards,
Querist
Sudhir Kumar, Advocate
(Expert) 04 August 2018
CAT order is very well changeable in High Court.
in which capacity you are concerned?
Querist :
Anonymous
(Querist) 04 August 2018
I have asked this question, as a practising advocate (for a brief tenure), knowing very well that it can be challenged in the High Court, of course by reading some of the judgements available online, but for the practical purpose of filing an OP with the exact provision, if possible, even though I know that the High Court may admit the OP even if the filing provision is noted as Article 226.
By a bare reading of the High court Act, Administrative Tribunal act and related rules I could not find an exact or appropriate provision for filing an OP.
Guest
(Expert) 04 August 2018
If you are a practising advocate, what compelled you to post your query anonymously?
A further question arises, if you are a practising advocate, are you unaware of the status of CAT, as a Court of Law?
Querist :
Anonymous
(Querist) 04 August 2018
In what manner I should appear before this forum or in what form I should craft my query is a sole prerogative of mine, on which anyone else, except the Site Admin of this Website, has no say at all.
What I earnestly expect is an answer if you have one; otherwise no answer at all. Therefore if any respected expert has an answer, please let me know; otherwise please ignore this query.
