Government employees facing service disputes often hear that the Central Administrative Tribunal (CAT) has the power of judicial review. But what does this really mean?
Understanding the scope of judicial review by CAT in service matters is critical because it determines what CAT can and cannot do, and how employees can protect their rights effectively.
This blog explains the extent of CAT’s powers, limits, and practical applications in service law matters.
What Is Judicial Review in the Context of CAT?
Judicial review is the power of a quasi-judicial body to examine the legality, fairness, and procedural compliance of administrative actions.
In service matters, CAT can review:
- Departmental orders
- Disciplinary proceedings
- Transfers, promotions, pay fixation
- Termination, dismissal, or compulsory retirement
CAT does not act as a civil court retrying facts, but ensures that administrative actions comply with law and principles of natural justice.
Legal Basis for Judicial Review by CAT
The power of CAT to exercise judicial review comes from:
- Section 19 of the Administrative Tribunals Act, 1985
- Rules under CAT Procedure Regulations, 1987
- Principles of natural justice and service rules
CAT’s judicial review focuses on legality, procedural correctness, and fairness rather than substituting its own decision on merits.
Scope of Judicial Review by CAT in Service Matters
1️⃣ Examination of Legality
CAT reviews whether:
- The order was issued by a competent authority
- Actions comply with statutory provisions and service rules
- Punitive actions exceed the authority granted under rules
Example: CAT can quash a dismissal if it violates statutory provisions.
2️⃣ Procedural Compliance
CAT ensures all required procedures are followed, including:
- Issuance of proper show-cause notice
- Opportunity for the employee to be heard (audi alteram partem)
- Adherence to time limits, departmental rules, and inquiry procedures
Failure to follow procedure may lead CAT to quash the order or direct retrial.
3️⃣ Review of Reasonableness
CAT can examine if an administrative order is:
- Arbitrary or unreasonable
- Mala fide (done with malice or personal bias)
- Disproportionate to the alleged misconduct
This ensures employees are not penalized unfairly.
4️⃣ Quashing of Orders and Proceedings
CAT can quash or set aside:
- Departmental inquiries initiated illegally or arbitrarily
- Suspension or punitive actions violating service rules
- Transfer, promotion, or seniority orders inconsistent with rules
CAT’s intervention protects employees against misuse of administrative power.
5️⃣ Interim Relief
CAT can grant interim measures while judicial review is ongoing:
- Stay of suspension orders
- Stay of transfer postings
- Protection against coercive administrative actions
Interim relief ensures no irreparable harm occurs during litigation.
6️⃣ Limits of Judicial Review by CAT
While CAT has wide powers, its review is not unlimited:
- CAT cannot substitute its own decision on merits unrelated to legality
- CAT cannot award damages like civil courts
- CAT cannot interfere in purely contractual disputes outside service rules
CAT focuses on fairness, legality, and adherence to rules rather than being a civil appellate authority.
Practical Examples of Judicial Review by CAT
| Scenario | CAT Intervention |
|---|---|
| Employee suspended without a show-cause notice | CAT quashes suspension and directs compliance |
| Promotion denied despite eligibility | CAT examines service rules and can direct reconsideration |
| Departmental inquiry initiated with personal vendetta | CAT quashes inquiry as mala fide |
| Pay fixation error | CAT orders correction as per rules |
| Termination without following inquiry procedure | CAT quashes termination order |
Key Takeaways for Government Employees
- CAT protects service rights through judicial review
- Ensure all departmental remedies are exhausted before approaching CAT
- Gather all documents and communications to support procedural or legality arguments
- Seek legal advice early to prevent irreversible career damage
Filing the right case before CAT can save years of litigation and protect service benefits.
Conclusion
The scope of judicial review by CAT in service matters ensures that administrative actions are:
- Legal
- Fair
- In compliance with service rules and principles of natural justice
Employees facing service disputes should approach CAT strategically to enforce their rights and prevent arbitrary or illegal actions.
More Legal Topics to Read
Who can file a case before CAT?
What is meant by “service matters” under CAT jurisdiction?
Difference between CAT and High Court in service law matters
What is an Original Application (OA) before CAT?
What documents are required to file a CAT case?
What types of government employees commonly approach CAT?
Under what circumstances does CAT quash departmental inquiries?
Can CAT set aside punishment orders imposed in disciplinary proceedings?
Can contractual or ad-hoc employees approach CAT?
Are PSU employees covered under CAT jurisdiction?
What are the most common mistakes while filing CAT cases?
CAT remedies for police personnel facing disciplinary action
Pay fixation & MACP disputes of government employees before CAT
Challenging CAT orders before the High Court