The pendency of service matters before the High Courts and lower Courts became a pressing problem and it got the attention of Government. As early as 1969 a committee was set up by the Central Government under the Chairmanship of Mr. Justice Shaha of the Supreme Court to make ways and means for effective, expeditious and satisfactory disposal of matters relating to service disputes. The committee recommended for setting up of independent tribunals to handle pending cases before the Supreme Court and High Courts relating to service matters. The Administrative Reforms Commission also took note of this situation and recommended for setting up of Civil Service Tribunals to deal with cases of disciplinary action against government servants.
The need for establishment of Administrative Tribunals
was first expressed by the Supreme Court in its judgment in RAMACHANDRAN
SHANKAR DEVODHAR AND OTHERS v. STATE OF MAHARASHTRA reported in AIR
1974 SC 259. In that judgment the Hon’ble Supreme Court noticed
alarming rise in number of cases pending in the Courts of law filed
by Government officials agitating their grievances with regard to their
Keeping in view the above, the Parliament introduced Article 323A into the Constitution of India by way of 42nd Amendment authorizing the parliament to provide for law for the adjudication or trial by Administrative Tribunals of the disputes and complaints with respect to recruitment and conditions of service of persons appointed to public service and posted in connection with the affairs of the Union or of any State or of any local body or Authority within the territory of India or under the control of Government of India or any State Government or any Corporation owned or controlled by Government.