SC directs central government to restore post of CAT Vice-Chairman

New Delhi, May 21 (UNI) The Supreme Court today issued directions to the central government on a petition seeking to restore the post of vice-chairman in the Central Administrative Tribunal(CAT) and quashed the decision of the respondent to abolish the post through in the Administrative Tribunal (Amendment) of 2006.

The vacation bench comprising Justices Arijit Pasayat and D K Jain issued notices on the petition filed by an advocate A K Behera seeking to declare Section 10A of the act which says that tenure of the members of the CAT can be upto 10 years, as unconstitutional.

The petitioner had also sought directions to treat the members of the tribunal as equivalent to a High Court judge, irrespective of his date of appointment.

Section 10 A of the act is totally discriminatory in the matter of service conditions of the members appointed before and after February 19, 2007 as the members appointed after that date enjoys the service conditions of a High Court judge while same is denied to the other members, he contended.

The petitioner, former President of the CAT Bar Association, has also objected to the ammendment in qualifications under which only a retired IAS officer can be appointed as administrative member in the Tribunal according to the terms of the new Section 6(2) of the Administrative Tribunal Act 1985.

The new ammendment, particularly Section 12(2) of the act has taken away the powers of the chairman as these have been usurped by the government diluting the independence of the juduciary.

UNI