PROCEDURECentral
Section 19 of The Administrative Tribunals Act, 1985
- (1)Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance. Explanation.--For the purposes of this sub-section, order means an order made--
- (a)by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation 1[or society] owned or controlled by the Government; or
- (b)by an officer, committee or other body or agency of the Government or a local or other authority or corporation 1[or society] referred to in clause (a).
- (2)Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees) 2[in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the Central Government]. 3[(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.]
- (4)Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.
Summary
- Any person who is unhappy with an order regarding their service can apply to the Tribunal for help.
- This order can be from the government, a local authority, or a corporation or society owned by the government.
- Applications must be in a specific form and include supporting documents or evidence.
- There is a fee for filing, but the Central Government cannot set this fee higher than one hundred rupees.
- The Tribunal will review the application and can either admit it for trial or reject it immediately if it is not a fit case.
- Once an application is admitted, any previous internal grievance proceedings about that same matter will stop automatically.
Practical examples
1Mr. Rajesh is fired from his job at a government-owned power company. He believes the firing was unfair, so he fills out the official form, pays a 50-rupee fee, and files an application under Section 19 to get his job back.
2A group of employees at a municipal office file a case about unpaid bonuses. The Tribunal admits the case on July 1. Because it was admitted, the internal appeal they had previously filed with their boss is now legally cancelled.
FAQ
1. Who is allowed to file an application under Section 19?
Any person aggrieved by an order related to service matters that falls within the Tribunal's jurisdiction.
Test yourself
Q1.Under Section 19 of The Administrative Tribunals Act, 1985, what is the maximum fee that can be charged for filing an application?
Q2.According to Section 19 of The Administrative Tribunals Act, 1985, what must the Tribunal do if it decides to summarily reject an application?
Q3.Under Section 19 of The Administrative Tribunals Act, 1985, what happens to a pending internal grievance proceeding once the Tribunal admits the application?
Q4.Under Section 19 of The Administrative Tribunals Act, 1985, which of these would NOT be considered an order that a person can challenge?