administrative members both of the Central and State Administrative
Tribunals is made by the President of India after consultation with
the Chief Justice. The Chairman has to be a judge of the High Court or
one who has been judge or a vice-chairman for at least two years. This
ensures that persons manning these offices are in way inferior to the
High Court Judges, particularly when they virtually exercise the
powers wielded by such judges, deciding cases under Articles 226 and
227.
Disputes should be filed before the Bench within whose
jurisdiction the applicant is posted for the time being.
The Tribunal can summarily reject an application if it finds
that it has not been filed in accordance with the prescribed rules or
if it is not a fit case for adjudication or trial by it.
The Tribunal is not bound by the procedure laid down in the
Civil Procedure Code 1908, but is guided by the principles of natural
justice. It has the power to regulate conditions, including the fixing
of place and time of its enquiry and to decide whether to conduct its
proceedings in public or private. The Tribunal is enjoined to decide
every application made to it as expeditiously as possible.
The Tribunal has additional powers to:
(i) summon and enforce the attendance of any person and examine him on oath;
(ii) require the discovery and production of documents;
(iii) receive evidence on affidavits;
(iv) subject to the provision of Sections 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872), requisition any public record or
document or copy of such record or document from any office;
(v) issue commission s for the examination of witnesses or documents;
(vi) review its own decisions;
(vii) dismiss a representation for default or decide it ex-parte;
(viii) set aside any order of dismissal of any representation for
default or any order passed by it ex-parte; and
(ix) any other matter which may be prescribed by the Central Government.
The Tribunal has the power to review its decisions which may be filed
within 30 days and according to the rules prescribed.
The Tribunal also has power to rectify its orders in case of a
mistake apparent on the face of the record. It can punish for contempt
under the Contempt of Court Act 1971.
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