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1991 Supreme(SC) 280

KULDIP SINGH, M.H.KANIA, RANGANATH MISRA
Mahabal Ram – Appellant
Versus
Indian Council Of Agricultural Research – Respondent


ORDER

1. Special leave granted.

2. This matter has two aspects involved in it - firstly, the question as to whether a single member of the Central Administrative Tribunal set up under the Administrative Tribunals Act, 1985, has jurisdiction to dispose of matters coming before the Tribunal under the Act - a question which has been referred by a two-Judge Bench to a larger Bench and the second, a controversy between the parties which centres round the order of transfer of the appellant. We do not propose to finally dispose of the second aspect and would leave it to the Tribunal to deal with it in the matter which we shall presently indicate.

3. Turning to the first aspect, it would be necessary to refer to the relevant provisions of the Act. Section 5 deals with composition of the Tribunal and benches thereof. Section 5(1), (2) and (6) provide :

"5. (1) Each Tribunal shall consist of a Chairman and such number of Vice-Chairman (and Judicial and Administrative Members) as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof.

(2) Subject to the other provision








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