Section 22 of the Administrative Tribunals Act, 1985: Procedure and Powers of Tribunals
Section 22 of the Administrative Tribunals Act, 1985 explains how the Central Administrative Tribunal and other tribunals constituted under the Act may conduct proceedings. The provision gives the Tribunal procedural flexibility while requiring observance of natural justice and also confers specified powers of a civil court.
What does Section 22 provide?
| Part of Section 22 | Effect |
|---|---|
| Section 22(1) | The Tribunal is not bound by the CPC procedure, is guided by natural justice and may regulate its own procedure. |
| Section 22(2) | Applications should be decided as expeditiously as possible, ordinarily on documents, written representations and oral arguments advanced by the parties. |
| Section 22(3) | The Tribunal has specified civil court powers, including summoning witnesses, production of documents, affidavits, commissions, review, default and ex parte powers. |
Section 22 - Procedure and powers of Tribunals
(1) A Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.
(2) A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and after hearing such oral arguments as may be advanced.
(3) A Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:
- summoning and enforcing the attendance of any person and examining him on oath;
- requiring the discovery and production of documents;
- receiving evidence on affidavits;
- subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
- issuing commissions for the examination of witnesses or documents;
- reviewing its decisions;
- dismissing a representation for default or deciding it ex parte;
- setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
- any other matter which may be prescribed by the Central Government.
Meaning and scope of Section 22(1)
Section 22(1) creates a flexible procedural framework. A Tribunal does not have to apply every procedural requirement of the Code of Civil Procedure, 1908 in the same manner as a civil court. This flexibility is intended to support effective and expeditious adjudication of service disputes.
The flexibility is not unlimited. The Tribunal must remain guided by the principles of natural justice. At a minimum, this ordinarily requires a fair opportunity to present a case, a fair opportunity to respond to material relied upon by the opposite side, an impartial adjudicatory process and a reasoned decision consistent with the governing law.
Powers of a civil court under Section 22(3)
Although the Tribunal is not bound by the full procedural framework of the CPC, Section 22(3) expressly gives it important powers that are also available to a civil court while trying a suit. These powers enable the Tribunal to obtain evidence, compel attendance, call for records, review decisions in accordance with law, deal with non-appearance and restore matters where the legal requirements are satisfied.
Summoning witnesses and examination on oath
The Tribunal can summon a person, enforce attendance and examine that person on oath where the evidence is relevant to the adjudication of the application.
Discovery and production of documents
The Tribunal can require production of relevant records and documents. This can be important in service matters involving appointment records, seniority lists, disciplinary files, departmental communications, pay records, promotion proceedings and other official material.
Evidence by affidavit
Section 22 permits the Tribunal to receive evidence on affidavits. This supports document-based adjudication and can reduce the need for oral evidence where facts can appropriately be established through sworn statements and records.
Public records and official documents
The Tribunal may requisition public records or documents from an office, subject to the applicable law protecting specified State and official communications. The current evidence statute is the Bharatiya Sakshya Adhiniyam, 2023.
Review, default and ex parte orders
Section 22(3) expressly recognises powers relating to review, dismissal for default, ex parte decision and setting aside qualifying default or ex parte orders. These powers are procedural safeguards and must be exercised according to the Act, applicable rules and binding judicial principles.
Why Section 22 is important in CAT proceedings
Section 22 balances procedural flexibility with fairness. It allows the Tribunal to avoid unnecessary technicality while still ensuring that parties receive natural justice and that the Tribunal has practical powers to secure documents, evidence and attendance necessary for deciding service disputes.
The provision should be read with the other procedural provisions of Chapter IV of the Administrative Tribunals Act, 1985, including Section 21 on limitation, Section 23 on legal representation, Section 24 on interim orders and Section 27 on execution of Tribunal orders.
Related provisions of the Administrative Tribunals Act, 1985
Readers dealing with CAT procedure should also consider the provisions governing applications, exhaustion of alternative remedies, limitation, legal representation, interim relief, transfer of cases, majority decisions and execution of orders.
Disclaimer: This page is intended for general legal information. Statutory text, rules, notifications and binding judicial decisions should be checked before relying on the information in a legal proceeding.