A CAT order is not ordinarily challenged through a routine civil appeal. Constitutional judicial review under Articles 226 and 227 is available before the jurisdictional High Court within the framework recognised after L. Chandra Kumar.
Who this guide is for
Central Government employees, officers and respondent departments evaluating a final or significant CAT Kolkata order.
Key legal questions
- Maintainability and territorial jurisdiction
- Delay and promptness after the CAT order
- Error of law, jurisdiction or procedural fairness
- Whether the challenge seeks impermissible reappreciation
- Need for interim protection during review
Documents to preserve
- Certified or authenticated CAT order
- Complete Original Application, reply and rejoinder
- Interim orders and hearing record
- Relevant service rules and authorities
- Chronology and proof of urgency
Practical action plan
- Read the CAT reasoning before drafting grounds
- Identify reviewable legal errors
- Prepare the tribunal record accurately
- Separate interim stay grounds from final challenge
- Check current Calcutta High Court filing and roster requirements
Forum and High Court review
The CAT’s official introduction states that tribunal orders are challenged by writ petition under Articles 226 and 227 before the High Court within whose territorial jurisdiction the Bench is situated. Bench allocation follows current High Court rules and roster.
Frequently asked questions
Is the High Court a full second trial?
Judicial review is supervisory and is not simply a rehearing of every factual dispute.
Is a stay automatic after filing?
No. Interim relief must be specifically sought and justified.
Should the whole CAT record be filed?
The relevant pleadings, documents and orders should be presented accurately under filing requirements.
Official references: CAT official introduction; Constitution of India; Calcutta High Court official site.
Related KLS resources
Important: This article provides general information, not legal advice. The correct forum, limitation period and remedy depend on the employee, employer, order, governing rules and facts.
