The CAT was established in 1985 under the Central Administrative Tribunal Act, the objective is to provide a speedy and effective remedy to Government employees who have grievances related to their service matters. The tribunal has jurisdiction over all civil services of the central Government as well as public sector undertakings, autonomous bodies, and local authorities. The CAT has the power to hear complaints and appeals against orders or decisions of Government authorities related to recruitment, promotion, seniority, disciplinary action and other service-related matters. It functions like a regular court, with its own rules of procedure and evidence. The decisions of the CAT are final and binding on the parties involved, subject to appeal to the higher courts on points of law. Overall, the CAT plays an important role in ensuring that Government employees have access to an impartial and efficient dispute resolution mechanism, which can help to maintain a fair and efficient public administration system in India.
But a gander at the number of cases reveals the true picture. As many as 80,545 cases are pending in different benches of the tribunal as of December 31, 2022. As per the rules, every case has to be sorted out within six months, but the details shared by the department-related Parliamentary Standing Comm-ittee on Personnel, Public Grievances, Law, and Justice in their report are even more shocking. 1,350 cases have been pending with CAT for more than 10 years, and 3716 cases related to pensions are pending. Another 16,661 cases are pending for zero to one year and 46,534 for one to five years. Justice delayed is justice denied, and in all these eighty-thousand-plus pending cases, some serious introspection has to be done.
The reasons for the delay are not as hard to find as disclosed by the Standing Committee; the number of CAT benches in India is inadequate compared to the number of Government employees and the volume of service-related disputes. This leads to delays in the disposal of cases, resulting in a backlog. There are many delays in the appointment of members and chairpersons of the CAT, which leads to a shortage of staff and increases the workload on existing members. Many service-related disputes with complex legal and factual issues take time to resolve. Many CAT benches do not have adequate infrastructure, including courtrooms, staff, and technology, which results in delays in the disposal of cases. Another major reason is a lack of cooperation by the Government departments involved in appeals, leading to delays in the disposal of cases.
A peek at the sanctioned strength and actual members reveals the major root cause of delays. The total sanctioned strength of members in CAT is 70 (35 judicial members and 35 administrative members), including the chairman, but only 53 (28 judicial members and 25 administrative members), including the chairman, are working right now. A vacant gap of 17 posts (7 judicial members and 10 administrative members) is too big for the timely disposal of pending cases. The fact is that the Allahabad, Bangalore, Hyderabad, Jammu, and Patna benches are operating with 50 per cent of the sanctioned strength, and as such, cases for bench hearings remain pending for lack of quorum.
As suggested by the committee, all 10-year-plus and pension cases need immediate hearings and disposal. With lakhs of employees and expanding present, strength is inadequate. As part of long-term planning, the Government needs to increase the number of CAT benches, appoint members and chairpersons promptly, provide adequate infrastructure, and encourage cooperation between Government Departments and the CAT. The use of technology can also help expedite the disposal of cases. Only those suffering know the agony; eighty thousand plus persons are waiting for justice, and the issue needs early redress from the Government.
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