PROCEDURECentral
Section 20 of The Administrative Tribunals Act, 1985
- (1)A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances.
- (2)For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances,--
- (a)if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or
- (b)where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.
- (3)For the purposes of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be of one of the remedies which are available unless the applicant had elected to submit such memorial.
Summary
- A Tribunal will not usually accept a case until the person has tried all other available internal solutions.
- These solutions are the remedies found in the person's own service rules for fixing grievances.
- You have exhausted your remedies if you have a final order from the government or boss rejecting your appeal.
- If you filed an appeal but haven't received a final answer after six months, you are also considered to have tried everything.
- Sending a special request called a memorial to the President or Governor is only required if you chose to start that process.
Practical examples
1Mrs. Kapoor was denied a promotion. She filed an internal appeal with her department on February 1. By August 2, she still had no answer. Because six months passed, she can now go to the Tribunal under Section 20.
2Mr. Verma was suspended and filed a final appeal to the Board of Directors. The Board sent him a letter officially rejecting his appeal on May 10. Since he now has a final order, he has exhausted his remedies and can file with the Tribunal immediately.
FAQ
1. Do I have to write to the President of India before I can file a case?
No, unless you specifically chose to use that memorial process as one of your remedies.
Test yourself
Q1.Under Section 20 of The Administrative Tribunals Act, 1985, a Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant has done what?
Q2.According to Section 20 of The Administrative Tribunals Act, 1985, a person is deemed to have exhausted remedies if no final order is made within how much time after an appeal was filed?
Q3.Under Section 20 of The Administrative Tribunals Act, 1985, what is the effect of a final order made by a competent authority rejecting an appeal?
Q4.Under Section 20 of The Administrative Tribunals Act, 1985, is a memorial to the Governor of a State always considered a necessary remedy?