We also practice service law and frequently use to appear before Principle Bench of CAT at 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 team of lawyers is well versed with the service laws, circulars and OMs as issued by the DOPT and other departments. Since the matters filed before the CAT, involves delicacy and service of the client remains at stake, so the lawyer who is well versed with service rules and DoPT guidelines can only be assigned the Case to be presented before CAT.
The Central Administrative Tribunal had been established under Article 323-A of the Constitution for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government.
The CAT is guided by the principles of natural justice in deciding cases and is not bound by the procedure, prescribed by the CPC. The CAT is empowered to frame its own rules of procedure and practice. Under the said provision of the Act, the Central Administrative Tribunal (Procedure) Rules, 1987 and Central Administrative Tribunal Rules of Practice, 1993 have been notified to ensure smooth functioning of the Tribunal.
Original Applications is filed under Section-19 of the Central Admistrative tribunal Act. It is called OA. The brief introduction of Section 19 is as under:
(1) Subject to the other provisions of this Act a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance.
Explanation - For the purposes of this sub-section, “order” means an order made –
(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation [or society] owned or controlled by the Government ; or
(b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation [or society] referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees) [in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the Central Government].
(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.] (4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.
The petition under section 19 filed before the Central Administrative Tribunal India is called OA and the miscellaneous petition was filed is called MA. The Central Administrative Tribunal India has prescribed the format of the OA and the MA to be filed by any of the parties.
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