Section 25 of the Administrative Tribunals Act, 1985: Power of Chairman to Transfer Cases from One Bench to Another

Updated: 14 September 2026

Section 25 of the Administrative Tribunals Act, 1985 gives the Chairman of the Tribunal power to transfer a pending case from one Bench to another. The provision covers both a transfer requested by a party and a transfer made by the Chairman on his own motion.

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Section 25: Statutory text and meaning

Section 25 - Power of Chairman to transfer cases from one Bench to another.

On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.

In simple terms, Section 25 is a case-transfer provision. It authorizes movement of an already pending matter from one Tribunal Bench to another Bench for disposal. The present form of Sections 25 and 26 was substituted by the Administrative Tribunals (Amendment) Act, 1986 with effect from 22 January 1986.

Transfer on an application by a party

Where a party asks for transfer under Section 25, the statutory sequence expressly refers to notice to the parties and an opportunity of hearing to such parties as the Chairman may desire to hear. The provision therefore contemplates procedural participation before a transfer is ordered on a party's request.

  • The case must be pending before a Bench of the Tribunal.
  • A party may apply for transfer to another Bench.
  • Notice is to be given to the parties.
  • The Chairman may hear such parties as he considers necessary before deciding the transfer request.

Suo motu transfer by the Chairman

Section 25 separately permits the Chairman to act on his own motion. For such a suo motu transfer, the text expressly states that the Chairman may act without the notice contemplated in the first part of the provision. This is distinct from a transfer initiated on the application of a party.

Key distinction: A party-initiated transfer application is tied to notice and hearing requirements stated in Section 25, whereas the Chairman's own-motion transfer power is expressly exercisable without such notice.

Section 25 and Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987

Rule 6 deals with the ordinary place of filing applications before the Central Administrative Tribunal. Broadly, an application is ordinarily filed with the Bench within whose jurisdiction the applicant is posted or where the cause of action wholly or partly arose. For certain former employees, the rule also recognizes filing based on ordinary residence.

The proviso to Rule 6(1) refers expressly to orders under Section 25. This means territorial filing rules and the Chairman's statutory transfer power must be read together when a matter is moved from one Bench to another.

Practical legal effect of Section 25

The provision is important where a pending service matter needs to be heard by another CAT Bench. The transfer power concerns the Bench that will dispose of the case; it does not itself decide the merits of the underlying service dispute.

Judicial decisions have treated the Section 25 transfer power as an administrative power of the Chairman. At the same time, an order passed under the provision remains subject to constitutional judicial review on established public law grounds such as jurisdictional error, arbitrariness, mala fides or failure to follow a mandatory statutory requirement, depending on the facts of the case.

Related CAT Act provisions

For a fuller understanding of Tribunal procedure, Section 25 should be read with the surrounding provisions dealing with procedure, legal representation, interim orders, majority decisions and execution of Tribunal orders.

Section 22 - Procedure and powers of Tribunals, Section 23 - Legal practitioner and presenting officers, Section 24 - Conditions for interim orders, Section 26 - Decision by majority, and Section 27 - Execution of orders.

Frequently asked questions

What is the power given by Section 25 of the Administrative Tribunals Act, 1985?

It is the Chairman's power to transfer a case pending before one Bench of the Tribunal to another Bench for disposal.

Can any party seek transfer of a pending CAT case?

Yes. Section 25 permits an application by any party. The provision then requires notice to the parties and contemplates hearing such parties as the Chairman may desire to hear.

Can the Chairman transfer a case without a transfer application?

Yes. The Chairman may transfer a case on his own motion, and Section 25 expressly permits that course without the notice referred to for a party-initiated application.

Does Section 25 decide which Bench has ordinary territorial jurisdiction for filing?

No. Ordinary filing jurisdiction is dealt with principally by Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987. Section 25 provides the statutory power to transfer a pending case from one Bench to another.

Legal research note: For court or tribunal filing, verify the latest official text, applicable CAT rules, bench-specific practice directions and binding judgments relevant to the facts of the transfer request.