Cuttack: A day after the Union government published a gazette notification abolishing the State Administrative Tribunal (SAT), Cuttack SAT Bar Association here Tuesday moved the Orissa High Court challenging the Centre’s move.
The HC is scheduled to hear the petition Wednesday, sources said.
The Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances and Pensions Monday issued a notification to abolish SAT by virtue of the powers vested on the Centre in accordance with the Section 2 of the Administrative Tribunal Act 1985 and Section 21 of the General Clauses Act.
It was in September 2015 when the state Cabinet had approved winding up of SAT. Subsequently, the state government had sent the proposal to the Centre to issue a notification for its abolition. Since then, the matter was pending with the Centre.
In 1997, the Supreme Court had held that approaching the apex court against an order of the tribunal as allowed under the Administrative Tribunals Act, 1985 was unconstitutional. It said the provision was inconsistent with the basic structure of the Constitution.
As a result, aggrieved parties could approach the High Court first. Hence, the very objective of the establishment of the tribunal to deliver quick justice could not be achieved, the court had observed.
The SAT, established July 14, 1986, has its principal bench in the state capital of Bhubaneswar, a regular bench in Cuttack and circuit benches at Sambalpur and Berhampur.
