A
ST A TE OF MAHARASHTRA AND ORS.
v.
CHHA YA AND ORS.
APRIL 9, 1999
B
[B.N. KIRPAL AND V.N. KHARE, JJ.]
Administrative Tribunals Act, 1985 :
Section 5(4)(a)-Scope of-The Chairman may be a Judicial Member
. C or an Administrative Member-Under section 5(4)(a) the Chairman can
function at more than one Benches-Purpose of this provision is to enable
the Chairman to function at different places when he goes on tour-This
provision does not enable the Judicial Member to act as an Administrative
Member or vice versa-If the Chairman is a person who was an Administrative
Member, then under section 5(4)(a) if he goes to another Bench he can sif
D on that Bench as an Administrative Member, but certainly not as a Judic(al
Member-The same is true with regard to the Chairman who is a Judicial
Member.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. CCl675/
E 1999.
F
From the Judgment and Order dated 13/11/1998 in W.P. 1394/98 of the
High Court of Bombay, Aurangabad Bench, Aurangabad.
G.B. Sathe for D.M. Nargolkar for the Petitioners.
The following Order of the Court was deliyered :
/'
Delay condoned.
Learned counsel for the petitioners refers to Section 5, sub-section (4),
sub-clause {a) of the Administrative Tribunals Act and submits that the
G Chairman, who is otherwise a Judicial Member, can act as an Administrative
Member also. The said provision reads as follows :-
H
"(4) Notwithstanding anything contained in sub-section (l), the
Chainnan-
(a) may, in addition to discharging the functions of the Judicial
574
--
-
SifATE v.CHHAYA
575
Member or the Administrative Member of the Bench to which he is A
appointed, discharge the functions of the Judicial Member or, as the
case may be, the Administrative Member, of any other Bench."
In our opinion, the aforesaid submission of the learned counsel is not
correct. The Chairman may be a Judicial Member or an Administrative Member.
All that this sub-clause permits is that the Chairman can function at more than B
one Benches. This provision obviously had to be included in order to enable
the Chairman to function at different places when he goes on tour. This
provision does not enable the Judicial Member to act as an Administrative
Member or vice versa. If the Chairman is a person who was an Administrative
Member, then under Section 5(4)(a) if he goes to another Bench he can sit C
on that Bench as an Administrative Member, but cer;tainly not as a Judidal
Member. The same,willbe true with regard to the Chairman who is a Judicial
Member.
We do not find any infirmity in the order of the High Court. The :·
solution to the problem in hand is to make early appointments.
D
The special leave petition is dismissed.
T.N.A.
Petition dismissed.
Lex