Cyber Appellate Tribunal

– By Shruthika

The Information Act 2000 has established the Cyber Appellant Tribunal. As the name suggests the tribunal has appellant jurisdiction only. Thus it has authority to exercise m appellant jurisdiction over both on facts as also in law over a decision or order passed by the Controller of Certifying Authorities or the adjudicating officer. In other words it has the statutory authority to examine the correctness, legality or propriety of the decision or order passed.

Within the scheme of the IT Act under section 62, the Cyber Appellate Tribunal is the final fact finding authority. The Act provides a second forum of appeal in the form of the High Court to any person aggrieved by any decision or order of the Cyber Appellate Tribunal.

The provisions are as follows:

• Establishment of Cyber Appellate Tribunal (Section 48)
  • Section 48 of the IT Act 2000 talks about the establishment of Cyber Appellate Tribunal where the Central Government shall by notification establish one or more appellate tribunals. The powers of the Tribunal are no doubt limited. Its area of jurisdiction is well defined within the boundaries of its jurisdiction

• The composition of Cyber Appellant Tribunal (Section 49)
  • The Central Government appoints only one person in a Tribunal – the Presiding Officer of the Cyber Appellate Tribunal.

• The qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal (Section 50)
  • A person cannot be appointed as the Presiding Officer of a Cyber Appellate Tribunal unless he or she has the following qualifications:
    1. Is, or has been, or is qualified to be, a Judge of a High Court; or
    2. Is or was a member of the Indian Legal Service, and now holds or has held a Grade I position in that service for at least three years.

• The Term of Office (Section 51)
  • The Presiding Officer of a Cyber Appellate Tribunal serves for five years from the date of appointment or until he reaches the age of 65, whichever comes first.

• Filling up of vacancies (Section 53)
  • If for any reason other than temporary absence, there is a vacancy in the Tribunal, then the Central Government hires another person in accordance with the Act to fill the vacancy. Further, the proceedings continue before the Tribunal from the stage at which the vacancy is filled.

• Resignation and removal (Section 54)
  • The Presiding Officer can resign from his office after submitting a notice in writing to the Central Government, provided:
    1. he holds office until the expiry of three months from the date the Central Government receives such notice (unless the Government permits him to relinquish his office sooner), OR
    2. he holds office till the appointment of a successor, OR
    3. until the expiry of his office; whichever is earlier.

• Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings (Section 55)
  • All the staff, employees and other officers are provided by the central government, as it will think fit. All the officers and employees will work under the superintendence of the chairperson.

• Appeal to Cyber Appellate Tribunal (Section 57)
  • No appeal shall lie to the Cyber Appellate Tribunal from an order made by an adjudicating officer with the consent of the parties.

• Procedure and powers of the Cyber Appellate Tribunal (Section 58)
  • The Code of Civil Procedure, 1908 does not bind the Cyber Appellate Tribunal. However, the principles of natural justice guide it and it is subject to other provisions of the Act. The Tribunal has powers to regulate its own procedure.

• Right to Legal Representation (Section 59)
  • The appellant has the option of appearing in person or appointing one or more legal representatives to represent him before the tribunal. 

• Limitation (Section 60)
  • The limitations restrictions of the Limitation Act of 1963 apply to Tribunal appeals.

• Civil Court not to have jurisdiction (Section 61)
  • No civil court can consider a suit or action in that area if the IT Act of 2000 authorizes the adjudicating officer or the Cyber Appellate Tribunal to deal with particular concerns. Furthermore, no court can issue an injunction against any conduct taken by a person in the exercise of any authority conferred by the Act.

• Appeal to High Court (Section 62)
  • A person aggrieved by the CAT’s decision or order may submit an appeal to the HC within sixty days of the date of notification of the Tribunal’s decision or order to him on any point of fact or law arising out of such order, according to Section 62 of the IT Act.

• Compounding of contraventions (Section 63)
  • Once a contravention is compounded under sub-section (1), then no proceeding is possible against the person guilty of the compounded contravention.

• Recovery of Penalty (Section 64)
  • If a penalty issued under this Act is not paid, it is collected as land revenue arrears. Furthermore, until the penalty is paid, the license or digital signature certificate is suspended.