Service Matter Judgments | Departmental Inquiry Matters | Supreme Court

Limited Judicial Review on Medical Board

The following are the important Service Matter Judgments in Departmental Inquiry Matters, Dismissal, Penalty, Promotion, Pension etc. which have been passed by Hon’ble Supreme Court / High Court / Central Administrative Tribunals.

  • No Reservation in Promotions Without Examining Adequacy of Representation in Promotion posts : Supreme Court   [Read Order ]


  • Employee Can Withdraw Request for Voluntary Retirement Any Time : Delhi High Court  [ Read Order ]


  • Candidate Who Availed Reservation Cannot be Adjusted in UR Category : Supreme Court   [ Read Order ]


  • Disciplinary Enquiry Can Be Quashed on Delay Grounds : Supreme Court    [ Read Order ]


  • Married Daughter Eligible for jobs on Compassionate Grounds : HP High Court   [ Read Order ]



The judgments/orders passed by Hon’ble Central Administrative Tribunal known as CAT, especially made to adjudicate 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, within the territory of India or under the control of the Government of India or of any corporation or society owned or controlled by the Government of India in pursuance of Article 323-A of the Constitution, under The Administrative Tribunals Act, 1985.

Though it was contemplated by the Legislature that the establishment of Administrative Tribunal under the provisions of Article 323-A of the Constitution has been necessary since a large number of cases relating to service matters are pending before the various Courts in the country. It was expected that setting up of Administrative Tribunal to deal exclusively with service matters would go a long way in not only reducing the burden of the various Courts but also giving them more time to deal with other cases expeditiously besides providing speedy relief to the persons covered by the Administrative Tribunal. But this contemplation is seemed to be frustrated by the way.

Coming to the basic procedure so far an application under the provisions of Central Administrative Tribunal (Procedure) Rules, 1987 is concerned, as a matter of procedure when an application is filed by the applicant, prerequisite is he being a Central Government employee, the application so filed is called Original Application, the respondents i.e. the Union of India after receiving the notice of the Original Application files a written-statement rebutting/refuting the claims of the applicant through Central Government Standing Counsels.

It is found in many occasions that the Hon’ble Tribunal disposes of the application without going into the merit of the case by directing the respondents to treat the original application as representation and dispose of the same by passing a reasoned and speaking order which should be in accordance with the law and rules on the subject within two, three or six months, depends upon case to case. However, the Hon’ble Tribunal excludes the days taken in communication of the order. However, it has been found very impractical when it comes before the respondents to comply with the order of the Tribunal.

So far as the Service matters is concerned, it is the competent authority who disposes of the representation of the applicant, who has to completely peruse the records of the applicant and check his grievances very closely before coming to any conclusion which is time consuming, considering the work load on the authorities who have to dispense the normal work besides all other. Also if matters pertain with the policy of the concerned Department then it consumes months to come to any conclusion.

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