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2006 Supreme(SC) 18

Y. K. SABHARWAL, R. V. RAVEENDRAN, B. N. SRIKRISHNA
Union of India – Appellant
Versus
Kali Dass Batish – Respondent


Judgment

Srikrishna, J.—This group of appeals raises the following question for determination of this Court :

What is the scope of ‘judicial review’ in an order for appointment of a member of the Central Administrative Tribunal made in consultation with the Chief Justice of India?

2. The Central Administrative Tribunal (hereinafter referred to as "the CAT") is one of the Tribunals constituted under Section 4 of the Administrative Tribunals Act, 1985 (hereinafter referred to as "the Act") with its jurisdiction determined by Section 14 of the Act. It exercises jurisdiction, powers and authority exercisable immediately on and from the appointed day by all courts other than the Supreme Court with regard to service matters and disputes pertaining to service inter alia of Central Government employees. It comprises `Administrative Members’ and `Judicial Members’ as respectively defined in Section 3(a) and 3(i) of the Act. Sub-sections (3) and (3A) of Section 6 of the Act prescribe the qualifications respectively for appointment of `Judicial Member’ and `Administrative Member’. The Department of Personnel and Training; Government of India by Order dated 15.4.1991/23.4.1991 has laid down detai


































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