Cyber Regulations Appellant Tribunal

The Cyber Appellant Tribunal was created under the Information Act of 2000.
The tribunal
solely has appellant jurisdiction, as its name implies. As a result, it has the ability to exercise its
appellant jurisdiction over a judgment or order made by the Controller of Certifying Authorities
or the adjudicating official, both on the facts and in law. In other words, it has the legal authority
to investigate the decision or order’s accuracy, legality, and propriety. The Central Government
has created the country’s first and only Cyber Appellate Tribunal in line with the terms of
Section 48(1) of the Information Technology Act, 2000.
Establishment of the Tribunal (Section 48)

This Section explains how the Cyber Appellant Tribunal will be established. The central
government will issue a notification establishing one or more appellant tribunals. The Central
Government also lists all of the subjects and locations that come under the Tribunal’s jurisdiction
in the announcement.
Composition (Section 49)

This Section explains that the Presiding Officer of the Cyber Appellate Tribunal, who will be
nominated by the Central Government, will be the sole member of the Cyber Appellate Tribunal.
The appellant tribunal has been transformed into a multi-member body. The Tribunal will
henceforth be composed of a Chairperson and as many additional members as the Central
Government may designate by publication in the Official Gazette. The Central Government, in
collaboration with the Chief Justice of India, selects the Chairperson and Members of the
Tribunal. The Tribunal’s Presiding Officer is now known as the Chairperson.
Qualifications for appointment (Section 50)

Section – A person cannot be appointed as the Presiding Officer of a Cyber Appellate Tribunal
unless he or she has the following qualifications:
(a) Is, or has been, or is qualified to be, a Judge of a High Court; or
(b) 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)

Section – 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.
Resignation and removal (Section 54)

Section – The chairperson or a member of the cyber appellant tribunal might resign by writing to
the federal government and informing them of their decision. Provided, however, that the
Presiding Officer shall continue to hold office until the expiration of three months from the date
of receipt of such notice, or until a person duly appointed as his successor enters upon his office,
or until the expiration of his term of office, whichever comes first unless he is permitted by the
Central Government to relinquish his office sooner.
The Central Government has the authority to dismiss the Presiding Officer of the Cyber
Appellate Tribunal if there is evidence of misbehaviour or inability. However, only after a
Supreme Court Judge has conducted an investigation and the Presiding Officer has been
informed of the accusations against him and has had a sufficient opportunity to defend himself.
The method for investigating misbehaviour or incompetence of the Presiding Officer might be
regulated by the Central Government.
Finality of Orders (Section 55)

Section 55 of the Information Technology Act of 2000 prohibits judicial review of two matters:
an order of the Central Government designating any individual as the Chairperson of the CAT,
and any procedure before a CAT based solely on a flaw in the CAT’s constitution. This
provision assures the smooth and uninterrupted operation of the Tribunal by making the decision
creating the CAT definitive and prohibiting judicial review of any Tribunal proceedings based on
a flaw in the Tribunal’s constitution.
Saff of the Cyber Appellant Tribunal (Section 56)

Section – 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. The central government will prescribe the salaries, allowances and all other
conditions of services of the employees and officers.
Appeal to Cyber Appellant Tribunal (Section 57)

Section – If a person is dissatisfied with the Controller’s or Adjudicating Officer’s decision, he
or she may file a complaint with the Cyber Appellate Tribunal, which has jurisdiction over the
case. An order rendered by an adjudicating official with the permission of the parties, however,
is not subject to appeal to the Cyber Appellate Tribunal. The individual must file, along with the
specified fees, within 25 days after receiving the order from the Controller or Adjudicating
Officer. If the Tribunal is satisfied with the grounds for the delay in submitting the appeal, it may
hear it even after the 25-day period has passed.
The Cyber Appellant Tribunal shall transmit a copy of every order to all parties to the appeal as
well as the appropriate Controller or adjudicating official. The tribunal will also make every
effort to resolve the appeal within six months of receiving it.
In Chappan v/s Moidin Kutti, It was claimed that the presence of a superior and interior court
relationship, as well as the capacity of the former to review two judgments of the latter, are two
requirements for appellant jurisdiction.
Power and procedure of the Cyber Appellant Tribunal (Section 58)

The Cyber Appellate Tribunal’s method and powers are laid forth in Section 58 of the
Information Technology Act, 2000
Sub-clause (1) Section 58 states that the Cyber Appellate Tribunal is not bound by the Code of
Civil Procedure, 1908, but rather by the principles of natural justice and that the Cyber Appellate
Tribunal, subject to the other provisions of this Act and any rules, has the authority to regulate its
own procedure, including the location of its hearings.
Clause (2) Section 58 stipulates that, for the purposes of executing its responsibilities under this
Act, the Cyber Appellate Tribunal shall have the same powers as a civil court under the Code of
Civil Procedure, 1908, while trying an action, in respect of the following matters:
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of documents or other electronic records;
(c) Receiving evidence on affidavits;
(d) Issuing commissions for the examination of witnesses or documents;
(e) Reviewing its decisions;
(f) Dismissing an application for default or deciding it ex parte;
(g) Any other matter which may be prescribed.
Clause (3) Section 58 states that any proceeding before the Cyber Appellate Tribunal is deemed
to be a judicial proceeding for the purposes of Sections 193 and 228 of the Indian Penal Code,
and the Cyber Appellate Tribunal is deemed to be a civil court for the purposes of Section 195
and Chapter XXVI of the Code of Criminal Procedure, 1973.
In Union of India v. T. R. Verma, It is claimed that it is established law that courts must observe
the law of natural justice, which states that a party must be given the chance to present any
relevant evidence on which he relies. Evidence should be taken in the presence of the parties, and
cross-questioning should be allowed.
Right to Legal Representation (Section 59)

Section – 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)

Section – 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.

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The Cyber Appellant Tribunal was created under the Information Act of 2000.

Establishment of the Tribunal (Section 48)

Composition (Section 49)

Qualifications for appointment (Section 50)

The Term of Office (Section 51)

Resignation and removal (Section 54)

Finality of Orders (Section 55)

Saff of the Cyber Appellant Tribunal (Section 56)

Appeal to Cyber Appellant Tribunal (Section 57)

Power and procedure of the Cyber Appellant Tribunal (Section 58)

Right to Legal Representation (Section 59)

Limitation (Section 60)

Civil Court not to have jurisdiction (Section 61)

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