Changes to AdministrativeTribunals Act rejected

A Parliamentary panel on Monday rejected a proposed amendment in the Administrative Tribunal Act, making only a sitting or retired Supreme Court judge or the Chief Justice of a High Court eligible for appointment as chairman of the Central Administrative Tribunal (CAT).

Expressing reservations over the amendments, the standing committee on department of personnel, public grievances, law and justice said that the provisions contained in the Administrative Tribunals (Amendment) Bill, 2012 would rather create a “dichotomy” as the decisions of the tribunals are amenable to challenges before the High Court.

The panel is headed by Shantaram Naik.
“The committee is of the considered opinion that the amendment in the Section 6 (1) of the Administrative Tribunal Act, 1985 which is being proposed through the Bill in hand would lead to a dichotomy where the decisions of the CAT/SAT/JAT which is proposed to be headed by a sitting/retired judge of the SC or a Chief Justice of the HC would be taken up in appeal in the HC,” it said.

The committee felt that the proposed amendment could be accepted only if it was ensured that the decision of the CAT and other administrative tribunals were made appealable in the Supreme Court.

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