Chief Justice of India (CJI) B.R. Gavai has voiced concerns regarding the impartiality of some non-judicial members of the Central Administrative Tribunal (CAT), particularly those with backgrounds as former bureaucrats. Speaking at the 10th All India Conference of the Central Administrative Tribunal (CAT) 2025 in New Delhi, CJI Gavai noted a hesitance among these members to rule against the government, urging them to reflect on this tendency.
The CJI highlighted the unique position of administrative tribunals, which function between the executive and the judiciary. He acknowledged the strength in the diversity of tribunal members, which includes both individuals with judicial backgrounds and former civil servants, bringing together legal knowledge and administrative experience. However, he emphasized that this diversity necessitates consistent training and well-defined standards for eligibility and conduct. He suggested that judicial members could benefit from exposure to public administration nuances, while administrative members would gain from training in legal reasoning.
CJI Gavai pointed out that some administrative members, having spent their careers in government service, may find it difficult to set aside their prior affiliations and avoid decisions unfavorable to the government. This can potentially compromise the delivery of justice. He suggested that regular workshops, conferences, and training programs led by judicial experts could significantly improve the effectiveness of tribunal members.
The CJI also addressed the issue of the high volume of appeals following tribunal decisions. He observed that bureaucrats often appeal decisions, even when the CAT and High Courts have reached the same conclusion, in an attempt to shift responsibility to the judiciary. To reduce the number of pending cases, CJI Gavai suggested a central agency to filter appeals to determine whether they are warranted. He noted that the central government is the largest litigant in the Supreme Court and High Courts. Union Law Minister Arjun Ram Meghwal echoed this concern, criticizing the routine filing of appeals by government departments, even when tribunal or court orders are legally sound.
Furthermore, CJI Gavai emphasized the need for uniform service conditions for tribunal members to attract experienced judicial officers and High Court judges. He also stressed the importance of maintaining decorum in courtrooms.
The Central Administrative Tribunal was established in 1985 to provide a swift and effective means of resolving grievances for central and state government employees regarding service matters. It comprises a chairman and administrative and judicial members with expertise in relevant fields. The CAT aims to offer speedy and cost-effective justice to aggrieved public servants. While not bound by the Code of Civil Procedure, the CAT adheres to the principles of natural justice and has contempt powers equivalent to a High Court. The Chairman and Members have service conditions comparable to High Court Judges, safeguarding the tribunal's independence.
Despite its crucial role, the CAT faces challenges such as a growing backlog of cases, which can delay justice. There are also concerns about a lack of awareness among employees regarding their rights and the procedures for redressal. Ensuring transparency and accountability is crucial for maintaining public confidence in the tribunal's functioning.
