CENTRAL ADMINISTRATIVE TRIBUNAL

cat-to-remain-suspended-till-may-3

CAT to remain suspended till May 3

Central Administrative Tribunal (CAT) benches adjudicating matters related to service of central government employees will remain suspended till May 3, 2020.

Though some relaxations have been made by the government in view of certain activities aimed at ensuring the supply of essential commodities particularly food grains apart from measures to provide a livelihood to the poorer sections. The offices are permitted to function in a highly restricted manner without permitting entry of, or any physical contact with, the public in general.

“It is therefore decided that the functioning of, and hearing in, the benches of the CAT shall remain suspended till May 3, 2020. The feasibility of working on certain days already declared as holidays or vacation shall also be considered once the functioning begins,” a statement issued in this regard says.

The information received so far has revealed that the high courts are not functioning and exceptional cases are dealt with through video conferencing. In almost all places, the benches are located at hotspots. The representatives of Bar have also expressed their difficulty in filing or pursuing the cases in this situation.

22 Apr 2020
cat:-six-former-civil-servants-appointed-as-member

CAT: Six former Civil Servants appointed as Member

The NaMo administration on announced the appointment of six new Members in Central Administrative Tribunal (CAT) to be posted at various benches across benches. They are;

  1. Anand Mathur (IRPS:1981): First DG, Personnel,  Indian Railways who retired in 2018. He is posted in Chandigarh Bench (CAT) 
  2. Sunil Kumar Sinha (IPS:1983:BH): Former Special Director in the Intelligence Bureau who retired from the post of Secretary (Security) in the Cabinet Secretariat October last year. He is posted in Patna Bench (CAT)
  3. Amarendra Kumar Dubey (Retd IAS:1982:KL):  Former Union Secretary, Department of Youth Affairs who retired January last year. He is posted in Principal Bench (CAT).
  4. Rakesh Kumar Gupta ((IAS:1986:JK): Former Secretary, UPSC retired last month. He is posted in Bengaluru Bench (CAT). 
  5. Tarun Shridhar (IAS:1984:HP): Former Union Secretary (Animal Husbandry, Dairying & Fisheries) who retired in July 2019. He is posted in Kolkata Bench (CAT). 
  6. K V Eapen (IAS:1984:AM): Former Union Secretary in the Department of Administrative Reforms and Public Grievances and Department of Pension and Pensioner's Welfare who retired in September 2019. He is posted in Ernakulam Bench (CAT).

15 Mar 2020
cat-to-remain-suspended-till-may-3

CAT to remain suspended till May 3

By IndianMandarins 22 Apr 2020

Central Administrative Tribunal (CAT) benches adjudicating matters related to service of central government employees will remain suspended till May 3, 2020.

Though some relaxations have been made by the government in view of certain activities aimed at ensuring the supply of essential commodities particularly food grains apart from measures to provide a livelihood to the poorer sections. The offices are permitted to function in a highly restricted manner without permitting entry of, or any physical contact with, the public in general.

“It is therefore decided that the functioning of, and hearing in, the benches of the CAT shall remain suspended till May 3, 2020. The feasibility of working on certain days already declared as holidays or vacation shall also be considered once the functioning begins,” a statement issued in this regard says.

The information received so far has revealed that the high courts are not functioning and exceptional cases are dealt with through video conferencing. In almost all places, the benches are located at hotspots. The representatives of Bar have also expressed their difficulty in filing or pursuing the cases in this situation.

cat:-six-former-civil-servants-appointed-as-member

CAT: Six former Civil Servants appointed as Member

By IndianMandarins 15 Mar 2020

The NaMo administration on announced the appointment of six new Members in Central Administrative Tribunal (CAT) to be posted at various benches across benches. They are;

  1. Anand Mathur (IRPS:1981): First DG, Personnel,  Indian Railways who retired in 2018. He is posted in Chandigarh Bench (CAT) 
  2. Sunil Kumar Sinha (IPS:1983:BH): Former Special Director in the Intelligence Bureau who retired from the post of Secretary (Security) in the Cabinet Secretariat October last year. He is posted in Patna Bench (CAT)
  3. Amarendra Kumar Dubey (Retd IAS:1982:KL):  Former Union Secretary, Department of Youth Affairs who retired January last year. He is posted in Principal Bench (CAT).
  4. Rakesh Kumar Gupta ((IAS:1986:JK): Former Secretary, UPSC retired last month. He is posted in Bengaluru Bench (CAT). 
  5. Tarun Shridhar (IAS:1984:HP): Former Union Secretary (Animal Husbandry, Dairying & Fisheries) who retired in July 2019. He is posted in Kolkata Bench (CAT). 
  6. K V Eapen (IAS:1984:AM): Former Union Secretary in the Department of Administrative Reforms and Public Grievances and Department of Pension and Pensioner's Welfare who retired in September 2019. He is posted in Ernakulam Bench (CAT).

appointment-of-cat-members-soon,--j&k-bench-too-under-consideration

Appointment of CAT Members soon, J&K Bench too under consideration

By IndianMandarins 18 Feb 2020

It is reliably learnt that the NaMO administration may soon announce a fresh list of over a dozen CAT Members. Presently, CAT has only 39 members against the total strength of 66; a shortfall of 27.

Reportedly, an exclusive bench of CAT will be set up in J&K and till then the Chandigarh bench of the tribunal may attend to the service disputes and other cases from the UT for Jammu and Kashmir which may have jurisdiction to handle disputes and other issues related to the UT services there.

cat:-appointment-to-judicial-member-posts-hangs-in-balance

CAT: Appointment to Judicial Member posts hangs in balance

By IndianMandarins 10 Dec 2019

People in power corridors are keenly observing the developments pertaining to the long due appointments of Judicial Members in the Central Administrative Tribunal (CAT).

If some well-placed sources are to be believed, as against proposed nine posts of Judicial Member Judicial, appointment of only four were cleared on 24 October 2019. Of four, Justice Vijay Lakshmi (former Judge of Allahabad HC) joined CAT but rest three opted not to join in the wake of Kudrat Sandhu Case which had reduced the term of appointment from 5 yrs to 3 yrs and curbed LTC and leave benefits considerably including others. Though decisions on Kudrat Sandhu Case was quashed later but decision on further appointments hanged in balance. In the meanwhile number of vacancies of Member Judicial have reached to 13 at present.

If some top sources are to be believed the establishment might be unwilling for a 5 years term for CAT Members. It may be substantiated by the fact that the Govt on October 15 cleared the appointment of six members in NCLAT for a term of 3 years whereas posts when advertised clearly stated a 5 years term.

ALSO READ:

File for appointment of CAT Members submitted to ACC

(News dated 16.11.2019)



file-for-appointment-of-cat-members-submitted-to-acc

File for appointment of CAT Members submitted to ACC

By IndianMandarins 16 Nov 2019

If some top sources are to be believed the file pertaining to the appointment of Administrative Members in Central Administrative Tribunal (CAT) has been placed before the Appointment Committee of the Cabinet (ACC) for approval. Reportedly, the NaMo administration is all set to announce as many as seven new Members (Administrative) for various benches of Central Administrative Tribunal (CAT). Reportedly, out of 54 shortlisted applicants 27 names were picked for the interview. 

cat-to-get-several-new-administrative-members-soon

CAT to get several new Administrative Members soon

By IndianMandarins 16 Oct 2019

Indianmandarins has reliably learns that NaMo administration is expected to announce as many as nine new Members (Administrative) for various benches of Central Administrative Tribunal (CAT).

Reportedly, out of 42 shortlisted applicants 27 names were picked in the interview. Indianmandarins further learns that out of 27 names Dr P K Mishra may pick  09 names for Prime Minister’s approval. 

wasting-taxpayers'-money-to-drag-an-avoidable-conflict-with-ex-cvo-aiims

Wasting taxpayers' money to drag an avoidable conflict with Ex-CVO AIIMS

By IndianMandarins 02 Jul 2019

The Central government and the AIIMS have tied themselves with proverbial Gordian knot in their dealings with Sanjiv Chaturvedi (IFoS:2002:UD). And the more they drag the case at the cost of poor taxpayers against an honest civil servant, the more they rub their nose time and again in the dust of the courtrooms.

 

In the latest instance, the Uttarakhand High Court has issued a contempt of court notice to Union Health Secretary Preeti Sudan (IAS:1983:AP) and AIIMS Director, Dr. Randeep Guleria,  for having failed to pay the cost of Rs 25,000 to Chaturvedi in accordance with the direction of the court.

 

In August, 2018, the Court had imposed that cost on the Centre for misleading the Principal Bench of Central Administrative Tribunal at New Delhi into staying proceedings in a service matter case filed by Chaturvedi before the Nainital bench wherein he had sought to quash his poor appraisal report for 2015-16 when he served as CVO at AIIMS New Delhi.

precedent-set:-no-vrs-and-pensionary-benefits-for-absconding-officers

Precedent set: No VRS and pensionary benefits for absconding officers

By IndianMandarins 08 Apr 2019

The Central Administrative Tribunal (CAT) has dismissed the case of a former senior IAS officer and brother of former Deputy Chairman of the Planning Commission, Montek Singh Ahluwalia, for voluntary retirement from service and pensionary benefits. Sanjeev Singh Ahluwalia is a 1980 batch UP cadre officer.

 

In 2005, he was on Central deputation, holding the post of Joint Secretary in the Department of Disinvestment. On his request, he was repatriated to his parent cadre before completion of the term of deputation in the Union Finance Ministry. Thereafter, he made efforts for deputation abroad.

 

Finally, he got what he wanted and got the permission to accept an assignment of the World Bank to serve in Sudan for a period of one year between September 18, 2005, and September 17, 2006.

However, after the completion of his one-year foreign posting, he didn't report back to his cadre state for duty.


Ahluwalia informed the tribunal that he had been making representations for extension of leave beyond September 17, 2006, but the same was not considered. He said that he could not join duty in India on account of factors beyond his control, as well as some family issues and that though he had submitted an application for voluntary retirement in accordance with law, this was not considered at all.


Nikhil Majithia, appearing for the Uttar Pradesh government, said: "The applicant did not pursue the matter pertaining to the voluntary retirement till he reached the age of superannuation. It is natural that the application for voluntary retirement loses relevance once the employee attains the age of superannuation."


Majithia said that left with no alternative, the state government had issued a notice under rule 7(2)(c) of the Leave Rules, and it was only a year later that the applicant responded with an explanation.

"The application for voluntary retirement can only be considered if he (Ahluwalia) was on duty in the cadre, and since the applicant was not even available in the country, let alone on the post, the application was not considered," the Centre's counsel said in court.


On April 19, 2010, Ahluwalia forwarded an application seeking voluntary retirement under the terms of the relevant All India Service Rules. The Centre rejected his application on the ground that he wasn't given any extension beyond a year of his foreign posting, and yet he did not report on duty after the expiry of his foreign assignment.


Dismissing Ahluwalia's petition, CAT Chairman Justice L. Narasimha Reddy said: "Being an administrator himself, the applicant was supposed to bring about discipline in the various establishments. However, he did not introspect whether his acts and omissions were leading to violation of any provision of law."


The tribunal noted that the unauthorized period of absence of the applicant was six years and one month.


The tribunal noted that the Uttar Pradesh government had issued a notice on October 10, 2011, seeking an explanation from the official as to why he shall not be deemed to have resigned from service. Ahluwalia submitted his explanation on May 17, 2012, and he attained the age of superannuation on October 31, 2012.


The tribunal observed that if a member of the service who is on valid leave for a period exceeding five years, can be deemed to have resigned, the applicant, who remained on unauthorized absent for six years, cannot keep himself on a higher pedestal.


"Hence, any contention raised in this behalf becomes redundant", the tribunal noted.

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