CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
Meera challenges a CAT order. The Tribunal applied the Code of Civil Procedure, 1908 strictly and rejected her evidence for non-compliance with technical rules. Which statement best reflects the position of Administrative Tribunals regarding procedure?
Administrative Tribunals are guided by principles of natural justice and are not bound by the strict procedure of the Civil Procedure Code, yet they hold specified civil court powers like summoning witnesses and receiving affidavit evidence. Rigid technical rejection of evidence is therefore inconsistent with their intended flexible procedure.
- AThey are guided by principles of natural justice and are not bound by the CPC procedure, though they have certain civil court powers such as summoning witnessesCorrect
- BThey are bound by every provision of the CPC and the Indian Evidence Act
- CThey have no power to summon witnesses or examine documents
- DThey may decide without hearing either party
Explanation
The Act requires tribunals to be guided by natural justice and not be bound by the CPC procedure, while giving them specified powers of a civil court, such as summoning and enforcing attendance and receiving evidence on affidavit. Strict adherence to technical rules is therefore not required. Deciding without any hearing violates natural justice.
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