Cuttack: The Orissa High Court Monday turned down a batch of petitions challenging the Centre’s decision to abolish the Odisha Administrative Tribunal (OAT).
While quashing the pleas, a division bench of Chief Justice S Muralidhar and Justice BP Routray observed that the Centre as well as the state had decided to abolish the tribunal as they felt that the very objective of the institution to ensure speedy justice to employees could not be achieved.
If the OAT is abolished, around 60,000 cases pending with the tribunal will be transferred to the HC.
According to sources, the state Cabinet had approved abolition of OAT September 9, 2015. Subsequently, the state government had sent the proposal to the Centre for notification on abolition of the tribunal.
It was in August 2019 when the Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances and Pensions issued a notification to abolish OAT 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.
Following the decision, OAT Bar Associations in Bhubaneswar and Cuttack moved the High Court challenging the Centre’s move.
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.
Established July 14, 1986, the OAT has its principal bench in the state capital of Bhubaneswar, a regular bench in Cuttack and circuit benches at Sambalpur and Berhampur.
PNN
