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.