Service Laws & Cat

Additionally, we practice service law and frequently appear before the CAT’s Principle Bench in New Delhi. We have also appeared before CAT against UPSC, DoPT, Ministry of Home, Ministry of Finance, MCD, Delhi Government, Directorate of Education, NTRO etc. Our legal team is well-versed in DOPT and other departments’ service laws, circulars, and orders. The lawyer who is well-versed in service rules and DoPT guidelines can only be assigned the Case that will be presented before the CAT because the matters that are filed before the CAT involve delicate matters and the service of the client remains at stake.

In accordance with Article 323-A of the Constitution, the Central Administrative Tribunal was created to decide complaints and disputes pertaining to the hiring practices and terms of service of individuals appointed to public positions and services in connection with Union or other government-controlled authorities.

When making decisions, the CAT follows the natural justice principles and is not constrained by the CPC’s established process. The CAT has the authority to create its own policies and procedures. The Central Administrative Tribunal (Procedure) Rules, 1987 and the Central Administrative Tribunal Rules of Practice, 1993 have been notified in accordance with the aforementioned Act provision to guarantee the Tribunal’s efficient operation.

Under Section 19 of the Central Administrative Tribunal Act, original applications are submitted. OA is the name of it. The brief introduction of Section 19 is as under:

Section 19:  Applications to Tribunals

(1) A person who feels wronged by an order pertaining to a topic under a tribunal’s authority may apply to the tribunal for the resolution of his complaint, subject to the other provisions of this Act.

(a) By the Government, a municipal or other authority operating within Indian territory, or by any corporation [or society] that is owned or controlled by the Government of India; or

(b) By a representative, committee, or other government body or agency, or by a local or other authority, corporation, or organization mentioned in subsection (a).

(2) All applications under sub-section (1), must be submitted in the format specified, with the supporting documentation or other supporting documentation, and with the applicable fee (if any, which cannot exceed one hundred rupees) [for the filing of the application and any additional fees for the service or execution of procedures, as may be prescribed by the Central Government].

(3) Upon receiving an application under sub-section (1), the Tribunal will admit the application if, following any necessary investigation, it determines that the application is a suitable case for its adjudication or trial; if not, it may summarily reject the application after documenting its reasons.

 (4) When a Tribunal admits an application under sub-section (3), all proceedings under the applicable service rules pertaining to the resolution of grievances regarding the application’s subject matter that were pending just prior to the admission will cease, and unless the Tribunal directs otherwise, no further appeals or representations regarding the matter will be considered under the applicable service rules.

The miscellaneous petition as submitted is known as MA, while the plea under section 19 filed before the Central Administrative Tribunal of India is known as OA. Any party may file the OA and MA in the format specified by the Central Administrative Tribunal of India.