2.3.5. Appeals against CAT orders

♤ Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the high courts.

♤ However, in the Chandra Kumar case (1997), the Supreme Court declared this restriction on the jurisdiction of the high courts as unconstitutional, holding that judicial review is a part of the basic structure of the Constitution.

o It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned high court.

♤ Consequently, now it is not possible for an aggrieved public servant to approach the Supreme Court directly against an order of the CAT, without first going to the concerned high court.

NOTE: Kindly refer to the New Rules for Tribunals (2020) mentioned below for provisions related to term, appointment and removal of CAT members.