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News Topical, Digital Desk : Chief Justice BR Gavai said on Saturday that some non-judicial members of tribunals, who are usually former bureaucrats, are reluctant to pass any orders against the government. He urged these members to consider the issue.
At the 10th All India Conference of the Central Administrative Tribunal (CAT) 2025, the CJI raised various issues related to tribunals and the justice delivery system in the presence of Law Minister Arjun Ram Meghwal and Minister of State in the Prime Minister's Office Jitendra Singh.
'Members need to be trained'
Chief Justice Gavai said that administrative tribunals differ from courts in that they occupy a special position between the executive and the judiciary, and many of their members come from the administrative services while others come from the judiciary. He said that this diversity is a strength because it brings together judicial skills and administrative experience, but it is essential that members are continuously trained and held to uniform standards of eligibility and conduct.
Must be familiar with the intricacies of administration
He said, "Judicial members should be familiar with the nuances of public administration, while administrative members need training in legal reasoning. Don't take my words for granted because these days you don't know what you're saying or what's appearing on the internet."
He stated that regular workshops, conferences, and training programs conducted by judicial academics could prove invaluable in this regard and significantly enhance the effectiveness of tribunal members. He also emphasized the need for a uniform appointment process with clear eligibility criteria, which would eliminate questions of arbitrariness and strengthen citizens' confidence in tribunals.
CJI expressed concern over this matter
The CJI also expressed concern over the increasing number of appeals against tribunal decisions, saying this was because bureaucrats were afraid to take any risks and wanted to shift the blame to the courts.
Union Minister of State for Personnel Jitendra Singh stated that there is a need to find ways to avoid unnecessary appeals filed in High Courts in service matters involving government employees. He urged all concerned to assist CAT in fulfilling its core function to reduce the backlog of service-related cases in High Courts.
Need to curb the tendency of appealing against court orders: Meghwal
Law Minister Arjun Ram Meghwal said that there is a need to curb the tendency of government departments to challenge court orders. He said that sometimes government departments file appeals despite sound court decisions. He indicated that officials sometimes file appeals to challenge court or CAT orders to save their own lives, as the decisions question their decisions.
Meghwal said he regularly receives files in which central departments plan to file appeals against substantive court orders. He said CAT should utilize the latest technologies, such as e-filing and digital hearings. He also praised the tribunal's role in reducing the burden of cases on the Supreme Court and high courts.
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