Filing a case before the Central Administrative Tribunal (CAT) can be the most effective way for government employees to protect their service rights. However, many employees make avoidable mistakes that lead to dismissals, delays, or adverse outcomes.
Understanding common mistakes while filing CAT cases is crucial for successful litigation in service matters, including suspension, promotion, pay fixation, disciplinary actions, or termination.
Mistake 1: Filing Without Exhausting Departmental Remedies
- Many employees approach CAT without completing internal remedies like:
- Departmental grievance procedures
- Appeal under service rules
- Internal representation for promotion or pay fixation
CAT may reject OA if departmental remedies are not exhausted. Always follow proper internal channels first.
Mistake 2: Missing Limitation Periods
- Section 21 of the Administrative Tribunals Act requires filing within 90 days of the impugned order
- Delays beyond limitation often result in OA dismissal
- Many employees ignore counting the limitation correctly, including holidays and service of orders
Pro tip: Always calculate the limitation from the date of knowledge of the order and seek legal guidance if delayed.
Mistake 3: Filing Incomplete or Improper OA
- Common gaps include:
- Missing crucial facts
- Incomplete details of appointments, promotions, or disciplinary proceedings
- No copies of relevant orders, letters, or communications
- Poorly drafted relief prayers
CAT requires complete and accurate documentation. Errors reduce chances of interim relief or success.
Mistake 4: Ignoring Proper Jurisdiction
- CAT has jurisdiction based on geographical location:
- Principal Bench in Delhi for central matters
- Regional Benches for other states
- Filing at the wrong bench may lead to delay or dismissal
Always confirm the correct bench before filing OA.
Mistake 5: Not Highlighting Legal and Procedural Violations
- Employees often focus only on personal grievances
- CAT requires specific grounds, such as:
- Violation of natural justice
- Arbitrary or mala fide action
- Procedural lapses
- Service rule violations
Properly highlighting legal grounds and factual lapses strengthens your case.
Mistake 6: Neglecting Interim Relief
- Employees often wait for final judgment, ignoring interim applications for:
- Stay of suspension
- Stay of termination or pay deduction
- Temporary reinstatement
Filing interim relief applications early can prevent irreparable financial or service loss.
Mistake 7: Lack of Expert Legal Guidance
- Many employees self-file without consulting an expert
- This often leads to:
- Poorly drafted OA
- Missing documents
- Misinterpretation of service rules or precedents
Professional guidance significantly increases success chances in CAT.
Mistake 8: Overlooking Case Law and Precedents
- CAT heavily relies on judgments in similar service disputes
- Ignoring precedent cases for promotions, pay fixation, or disciplinary matters weakens arguments
Research relevant CAT and High Court judgments to support your OA.
Mistake 9: Failing to Serve Notices Properly
- CAT requires proper service of notices to respondents (department/authority)
- Mistakes in:
- Addressing the proper respondent
- Serving within time
- Filing proof of service
Improper service can delay the case or result in non-admittance.
Mistake 10: Inadequate Documentation
- Employees often fail to attach:
- Appointment letters
- Promotion or disciplinary orders
- Pay slips, increments, or seniority lists
- Correspondence with authorities
CAT only considers documented evidence, so missing documents can harm the OA.
Practical Tips to Avoid Mistakes
- Exhaust departmental remedies before approaching CAT
- Check limitation period and file within 90 days
- Prepare a complete OA with all relevant facts and documents
- Confirm correct CAT bench jurisdiction
- Highlight procedural lapses, violations, and mala fide actions
- File interim relief applications where urgent
- Consult an experienced CAT lawyer
- Research precedents to support claims
- Serve all notices properly and on time
- Maintain a full documentary record
Proper preparation prevents dismissals and delays, maximizing the chance of favorable relief.
Conclusion
Filing a case in CAT can protect government employees’ service rights, but mistakes can cost years of litigation and lost benefits.
By avoiding common errors—such as missing limitation, improper documentation, or failing to highlight legal violations—employees can increase the likelihood of successful relief.
Strategic filing with professional guidance ensures CAT recognizes the merits of your case and delivers justice efficiently.
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?
What is the scope of judicial review by CAT in service matters?
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?
CAT remedies for police personnel facing disciplinary action
Pay fixation & MACP disputes of government employees before CAT
Challenging CAT orders before the High Court