How Aneja & Aneja can help you in Service law matters?
What are Service Laws?
With a view to easing the congestion of pending cases in various High Courts and other Courts in the country, Parliament had enacted the Administrative Tribunals Act, 1985. Administrative Tribunals are located throughout country, wherever the seat of a High Court is located. In addition, circuit sittings are held at various States. The Central Administrative Tribunal (in short “CAT”) has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto. This was done in pursuance of the amendment of Constitution of India by Article 323-A. In addition to Central Government employees, the Government of India has notified 45 other organizations to bring them within the jurisdiction of the Central Administrative Tribunal. The provisions of the Administrative Tribunals Act, 1985, however, do not apply to members of the para-military forces, armed forces of the Union, officers or employees of the Supreme Court, or to persons appointed to the Secretariat Staff of either House of Parliament or the Secretariat staff of State/ Union Territory Legislatures.
The Tribunal follows the principles of natural justice in deciding cases, and the procedure prescribed by Evidence Act and the Code of Civil Procedure, 1908 does not apply. The Central Administrative Tribunal is empowered to prescribe its own rules of practice for discharging its functions subject to the Administrative Tribunals Act, 1985 and Rules made thereunder. For this purpose, the Central Administrative Tribunal Rules of Practice, 1993 have been notified. Similarly, for the purpose of laying down a common procedure for all Benches of the Tribunal, the Central Administrative Tribunal (Procedure) Rules, 1987 have been notified. Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
How Aneja and Aneja helps in providing services in respect of Service Law matters?
We, at Aneja and Aneja, undertake all kinds of Service Matters all over India. For convenience sake, we have categorised matters pertaining to Service Law in the following categories.
Govt. & Public Sector Undertaking [PSU]
- Armed Forces
- Schools/ Colleges/ Technical Institution
- Employees of all Ministries, State or Central
Courts of Competent Jurisdiction
- Supreme Court of India
- High Courts
- Central Administrative Tribunal [CAT]
Fora: Armed Forces
- Armed Forces Tribunal [AFT]: AFT is the competent forum to challenge orders/ show cause/ Memo, etc. passed/ issued by Army Chief, etc. its Order are challenged before Supreme Court.
- Army Chief [AC]: AC can review the Orders passed by the Confirming Authority.
- Confirming Authority [CA] Under Army Act.
- General Court Martial [GCM].
Legislations Governing Service Matters in India
- Army Act (Section 153)
- Additional Emoluments (Compulsory Deposit) Act, 1974
- Administrative Tribunals Act, 1985 [CAT]
- Central Administrative Tribunal Rules of Practice, 1993
- Code Of Civil Procedure, 1908
A Classification of Service Matters are as follows:
ACR’s; Ad-Hoc Service; Administrative Authority; Appointment; Age Proof; Age Relaxation; Appointment & Joining; Bias; Casual Labourer; Charge-Sheet; Child Care Leave; Compassionate Appointment; Corruption Charges Under Prevention of Corruption Act, 1988; Denial of Reasonable Opportunity; Departmental Inquiry; Deputation-Inter Cadre Deputations; Disciplinary Authority; Disciplinary Proceedings; Gratuity of Govt. Servant; Indiscipline-Misbehaviour; Inquiry; Joining of Service; Judicial Review: Of an Administrative Order; Limitations; Leave Rules; Major Penalty; Minor penalty; Misappropriation; Natural Justice; Plaint Format- Under Administrative Tribunals Act, 1985- to be filed before Central Administrative Tribunal [CAT]; Pension; Promotion; Quashing of Administrative Order: On the grounds of violation of the rule of natural justice, arbitrariness, discrimination & irrationality, absence of fair play, etc.; Quasi-Judicial Authority; Recovery; Reinstatement; Res-Judicata; Retirement: Compulsory Retirement; Review: Administrative; Salary; Second Marriage; Selection: Right Of Selectee; Seniority; Sexual Harassment; Simultaneous Proceedings; Suspension; Termination: Termination Simplicitor- Without Inquiry & prior notice; Transfer of An Employee; Unauthorized Absence; Unconditional Apology; and Voluntary Retirement [VRS].