Strict Procedures are the reason for Delay in Justice delivery system “Truth or Myth” – A critical study of Administrative tribunal Act to find out the authenticity of the statement
| Vol-4 | Issue-03 | March 2019 | Published Online: 13 March 2019 PDF ( 228 KB ) | ||
| Author(s) | ||
| Neelanjana Ganguly Shukla 1; Vineeta Agrawal 2 | ||
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1Research Scholar, SOS in Law, Pt. Ravi Shankar Shukla University,Chhattisgarh, India 2Head of Law Department, J.Y.Chhattisgarh Government College, Chhattisgarh, India |
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| Abstract | ||
The purpose of enacting any law is given in the preamble of that Act. The Administrative Tribunals Act, 1985 was also enacted with a purpose to provide for the adjudication of disputes and complaints related to recruitment and conditions of service controlled by government in connection to Article 323A of the Indian Constitution. The preamble of the Act stated that “The Act seems to provide a speedy relief in cases related to service matters were pending before the various courts, this setup of administrative tribunal is to deal exclusively with service matters”. So, from the above stated statement it is very clear that this act will be used only for the redressed against the Administrative wrongs in the public sector but there are no provisions in this Act related to the private sector. Earlier the type of matters adjudicated by courts, where the system was slow and costly and found not applicable in the problems of specialized nature of welfare legislation, therefore under “ the Administrative Tribunals Act, 1985” a special Administrative court established for the dealing of only the service matter of the employees. This Act was introduced from coming with the requirements of new situation and inadequacies of the ordinary courts. It is appreciative for the problems of specialized nature and also not too formalistic or legal. It is also observed that, in the administration of the welfare legislation, the formal procedural laws which was binding in the court of law proceedings considered to be clogs and further it was felt that through the principles of natural justice the adjudication of such problems must be governed, where the rules of evidence should not be strictly bound as the courts are bound. Therefore, a new technique of adjudication to redress the grievances and also responded the social requirement of the time. This paper is basically focusing into three points:- Administrative tribunals are required for welfare state. |
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| Keywords | ||
| Adjudication, Administrative tribunal, natural Justice, Service matters, Procedural laws | ||
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