Judicial Reforms

Haryana Administrative Tribunal

Note4Students

From UPSC perspective, the following things are important :

Prelims level : About the tribunal

Mains level : Need for administrative tribunals

  • The Punjab and Haryana High Court Bar Association has suspended work indefinitely since a notification came out on July 24 for setting-up the Haryana Administrative Tribunal.
  • The Tribunal is meant to adjudicate over the service matters of the state employees that earlier would be directly heard by the High Court.

What is Haryana Administrative Tribunal?

  • Following a recommendation from the Haryana government, the Ministry of Personnel, Public Grievances and Pensions on July 24 issued a notification for establishing the Haryana Administrative Tribunal.
  • This tribunal is a quasi-judicial body on the lines of Central Administrative Tribunal for redressal of the grievance of state employees concerning their employment.
  • In the absence of the Tribunal, the employees have no other option but to directly approach the High Court.
  • The government’s decision to establish the Tribunal had been pending since 2015 and is aimed at reducing a large number of pending cases before the High Court and quick disposal of the grievances of employees, as per the state.
  • Tribunal orders can be challenged before the High Court.

Under which law is the Tribunals setup?

  • Article 323-A, which came by way of 42nd constitutional amendment in 1976, enabled the Centre to enact The Administrative Tribunals Act, 1985 for setting-up the Tribunals.
  • These tribunals are set for adjudication over disputes and complaints with respect to recruitment and conditions of service of persons.
  • The Centre under the Act can establish the Tribunal for its own employees and also has the power to establish one for a state after receiving a request from the state government.
  • Two or more states can also agree for a single tribunal. The Tribunal is to be headed by a Chairman or Chairperson – a retired High Court Judge, and a number of Judicial and Administrative Members.
  • The Chairperson can be removed only by the President of India. The Tribunal can also have benches at different locations.

Do any other states have the Tribunal?

  • The Union Government last month also issued another notification – the one abolishing the Himachal Pradesh Administrative Tribunal which had been in existence since 2015.
  • The request for it came from the state cabinet. Established first in 1986, the Himachal Tribunal was earlier also abolished in 2008 but re-established in 2015.
  • When Haryana government took the decision to establish its own Administrative Tribunal, it had also cited the “encouraging” results of the Himachal Tribunal.
  • Kerala, Karnataka, West Bengal and Maharashtra with their own tribunals for service matters.
  • On August 2, Odisha also got abolished its Administrative Tribunal through a notification issued by the Centre.
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