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1990 Supreme(SC) 18

M.FATHIMA BEEVI, A.M.AHMADI
Amulya Chandra Kalita – Appellant
Versus
Union Of India – Respondent


ORDER

1. Special leave granted. Heard counsel on both sides.

2. The only question to which we are addressing ourselves is whether the Administrative Member of the Central Administrative Tribunal could alone decide the case in the face of this Courts decision in S.P. Sampath Kumar v. Union of India ((1987) 1 SCC 124 : (1987) 2 ATC 82). In that case this court pointed out in paragraph 5 of the judgment as under : (SCC p. 131)

"It is necessary to bear in mind that service matters are removed from the jurisdiction of the High Court under Articles 226 and 227 of the Constitution and entrusted to the Administrative Tribunal set up under the impugned Act for adjudication involves questions of interpretation and applicability of Articles 14, 15, 16 and 311 in quite a large number of cases. These questions require for their determination not only judicial approach but also knowledge and expertise in this particular branch of constitutional law. It is necessary that those who adjudicate upon these questions should have some modicum of legal training and judicial experience because we find that some of these questions are so difficult and complex that they baffle the minds of even trained jud



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