Some CAT Administrative Members Avoid Passing Orders Against Govt : CJI BR Gavai

Chief Justice of India BR Gavai said that some administrative members of the Central Administrative Tribunals are reluctant to pass orders against the Government.  

Addressing the 10th All India Conference of the Central Administrative Tribunal (CAT), CJI Gavai said : “As a Judge, I have personally noticed that some of the Judges coming from administration do not forget that they are from administration and they avoid passing any order which would be against the Government. So I think they should reflect on that." He added that he was not sure how his comments would be taken, as "nowadays you don't know what you say and what comes in social media." This was apparently in reference to last week's controversy over his comments in a PIL seeking restoration of Lord Vishnu's idol at Khajuraho temple.

In his address, he underscored the need for reforms in the functioning of tribunals, stressing the importance of training, uniform appointments, improved service conditions, and greater transparency through a centralised data system.

CJI Gavai observed that judicial members could benefit from exposure to the nuances of public administration, while administrative members required training in legal reasoning. At the same time, he candidly noted that some former bureaucrats, after becoming tribunal members, tend to favour the government.

The CJI emphasised that regular workshops, conferences and training programs conducted by judicial academies could enhance the effectiveness of tribunal members. He further called for a uniform appointment process with clear eligibility criteria, which, according to him, would prevent arbitrariness and foster citizens' trust in tribunals while ensuring greater uniformity in judgments.

Addressing Union Law Minister Arjun Ram Meghwal and Minister of State for Personnel Jitendra Singh, both of whom were present, the CJI urged the government to urgently revisit the service conditions of tribunal chairpersons and members. “If the government desires that retired High Court judges and good judicial officers should adorn the office of the tribunals, a quick look or relook at their service conditions is the need of the day,” he said. It may be recalled that last week, the Supreme Court, while hearing a matter pertaining to NGT, had expressed concerns about the lack of amenities, which discourage many High Court judges to accept tribunal appointments after retirement.

Another key concern raised was the absence of a comprehensive database for tribunals akin to the National Judicial Data Grid (NJDG) used in courts. CJI Gavai pointed out that while the Central Administrative Tribunal provides some basic figures on pending and disposed cases, a unified platform covering central and state tribunals was necessary to improve uniformity, accountability and transparency.

Such a centralised database, he said, would not only empower litigants to track cases but also allow policymakers, researchers and courts to identify best practices.

"Although CAT provides a brief overview of pending, disposed and filed matters on its home page, a comprehensive resource where such data can be found for the Central and State Administrative Tribunals would provide more uniformity in accessing data. Additionally, it would also empower litigants to track their cases with greater ease," he said.

Also from CJI's address - Judges Must Exercise Power With Humility & Responsibility To Uphold Public Faith: CJI BR Gavai

CJI Calls For Central Agency To Filter Government Appeals Before Filing In Order To Reduce Pendency