ALL INDIA INSTITUTE OF MEDICAL SCIENCES versus SANJIV CHATURVEDI & ORS.

Citation: [2019] 1 S.C.R. 862 · Decided: 01-02-2019 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Dismissed

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Judgment (excerpt)

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ALL INDIA INSTITUTE OF MEDICAL SCIENCES
v.
SANJIV CHATURVEDI & ORS.
(Civil Appeal No. 1392 of 2019)
FEBRUARY 01, 2019
[R. BANUMATHI AND INDIRA BANERJEE, JJ.]
Administrative Tribunals Act, 1985 – ss. 5, 24 and 25 –
Chairman of the Tribunal, sitting singly and exercising his power to
transfer proceedings from one Bench to another, stayed proceedings
in an Original Application pending before a two member Bench
and rendered interim orders passed by that Bench inoperative –
Sustainability of – Held: Chairman sitting singly, cannot nullify the
orders passed by a larger Bench – Chairman, like the Chief Justice
of the Higher Courts or the Chief Judge of subordinate courts, may
be higher in order of protocol and may have additional
administrative duties and responsibilities, however, the Chairman,
acting judicially, is equal to any other Member – Chairman, being
one amongst equals, the order of the Chairman of the tribunal staying
proceedings before the two member Bench was without jurisdiction
and unsustainable in law.
Judicial Propriety – Norms of – Held: Judicial propriety and
decorum demands that a judicial order, ad interim, interim or final
be vacated, varied, modified, recalled or reviewed by a Bench of
coordinate strength or larger strength or a higher forum, but not a
smaller Bench of lesser strength, except in cases where such authority
to a lower forum and/or smaller Bench is expressly conferred or
implicit in the order sought to be vacated, varied, modified, recalled
or reviewed.
Dismissing the appeal, the Court
HELD: 1. The Chairman of the Tribunal, sitting singly and
exercising his power under Section 25 of the Administrative
Tribunals Act, 1985 to transfer proceedings from one Bench to
another, could not have stayed proceedings before a two member
Bench and rendered interim orders passed by that Bench
inoperative. [Para 40][875-E-F]
[2019] 1 S.C.R. 862
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2. The reference by counsel for the appellant to the
Preamble of the Act is of no relevance. The respondent no.1
approached the tribunal for redressal of his grievances. His case
was heard by a Division Bench and a reasoned interim order was
passed. The preamble, which states the aims and objects of the
Act is of no assistance to the appellant, as it does not lend support
to appellant’s contention that the Chairman of the tribunal sitting
singly could have stayed further proceedings before a Division
Bench. The reliance placed on the Preamble is misconceived.
[Para 47][876-G-H; 877-A-B]
3.1 Section 5 provides that a Tribunal is to consist of a
Chairman and such number of judicial and administrative
members as the appropriate Government may deem fit and,
subject to the other provisions of the Act, the jurisdiction, powers
and authority of the Tribunal may be exercised by the Benches
thereof. Sub-section 2 provides that a Bench is to consist of one
Judicial Member and one Administrative Member. This, however,
is subject to the other provisions of the said Act. The Chairman
of the Tribunal is an entity distinct from the Tribunal and exercises
administrative powers and such other powers as are expressly
conferred on him under the Act. Section 5(4)(a) of the Act
empowers the Chairman to discharge in addition to the functions
of the Judicial Member or the Administrative Member, of the
Bench to which he is appointed, the functions of the Judicial
Member or the Administrative Member of any other Bench.
[Paras 49, 50][879-E-G]
3.2 Section 5(4)(b) empowers the Chairman to transfer a
Member from one Bench to another Bench, and Section 5(4)(c)
enables the Chairman to authorize the Judicial Member or the
Administrative Member of one Bench to discharge the duties
and functions of Judicial Member or Administrative Member, as
the case may be, of any other Bench. The Chairman can also
constitute Benches of more than two Members having regard to
the nature of the cases involved, by issuance of general or special
orders. Sub-section (6) of Section 5 empowers the Chairman or
any other Member authorized by the Chairman to sit singly to
exercise jurisdiction, powers and authority of the Tribunal only
in respect of such classes of cases or such matters pertaining to
such classes of cases as the Chairman might, by general or special
ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV
CHATURVEDI
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orders specify. The aforesaid provision does not enable t

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