JUDGMENT

These matters relate to hearing by single Member Benches of matters before the Central Administrative Tribunal and the State Administrative Tribunals constituted under the Administrative Tribunals Act, 1985. The power to constitute a single Member Bench is traced to sub-sec. (6) of S. 5 of the said Act.

2. The appellant/petitioners have challenged the constitutional validity of sub-sec. (6) of S. 5 and have placed reliance on the observations of this Court in S. P. Sampat Kumar v. Union of India (1987) 1 SCR 435. It appears that the matter came up before this Court in Amulya Chandra Kalita v. Union of India, (1991) 1 SCC 181 wherein a two-Judge Bench, after referring to the provisions contained in S. 5(2) and the observations in Sampat Kumars case (supra), has held that a Bench shall consist of one Judicial Member and an Administrative Member and an Administrative Member alone cannot hear and decide a matter. Thereafter in Dr. Mahabal Ram v. Indian Council of Agriculture Research, Civil Appeal No. 2381 decided on May 3, 1991 by a three-Judge Bench, the earlier decision in Amulya Chandra Kalitas case (supra) has been considered and the observations in Sampat Kumars case (sup