2019 Supreme(SC) 105

SUPREME COURT OF INDIA
R. BANUMATHI, INDIRA BANERJEE, JJ.
All India Institute Of Medical Sciences – Appellant
Vs.
Sanjiv Chaturvedi And Others – Respondent
Civil Appeal No. 1392 of 2019 (@ SLP(C) No. 27490 of 2018)
Decided on : 01-02-2019

IMPORTANT POINTS
AIIMS being under full control of Central government, objection to appearances of the Additional Solicitor General, representing the Central government in the same proceedings is preposterous.
CAT though not bound by Evidence Act and CPC, is bound by rules of evidence and procedure under the Act and regulations framed there-under.
Chairman of CAT does not have power u/s 25 to pass any interim order of stay of proceedings pending before a Bench of the Tribunal.
A judicial order, interim or final, can 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.

Headnote:(a) Administration of justice – Judicial propriety – Additional Solicitor General of India representing Union of India – Also arguing for appellant – Objection of respondent that Additional Solicitor General of India was not authorized by AIIMS – Objection should have been taken before High Court – AIIMS being under full control of Central government, objection to appearances of the Additional Solicitor General, representing the Central government in the same proceedings, held, preposterous. (Para 37)

       (2012) 12 SCC 255; (2010) 13 SCC 735 – Distinguished

       (b) Administrative Tribunals Act, 1985 – Sections 14 and 15 r/w Article 323A, Constitution of India – Tribunal, though not bound by Evidence Act and CPC, are bound by rules of evidence and procedure under the Act and regulations framed there-under. (Para 45, 62)

       (1991) Supp. (2) SCC 228 – Referred

       (c) Administrative Tribunals Act, 1985 – Section 5(2), 5(6), Proviso to Section 24, and Section 25 – Chairman of the Tribunal is an entity distinct from the Tribunal – He exercises administrative and such other powers as expressly conferred on him – Section 24 limits the power to pass interim order – For a maximum duration of fourteen days – Chairman of CAT does not have power u/s 25 to pass any interim order of stay of proceedings pending before a Bench of the Tribunal. (Para 50, 56, 60, 61)

       (1994) 4 SCC 225 – Relied upon

       (d) Administrative Tribunals Act, 1985 – Sections 12 and 25 – Chairman of the Tribunal can only exercise financial and administrative powers over the Benches – He can only constitute the Benches but cannot interfere with functioning of the Benches or tinker with its orders by passing interim orders – Instant stay of proceedings before a Division Bench by Chairman sitting singly held without jurisdiction. (Para 64, 68)

       (2011) 8 SCC 249; (2014) 13 SCC 539; (2013) 2 SCC 398; (2007) 8 SCC 449 – Referred

       (1994) 2 SCC 401; (1997) 3 SCC 261 – Distinguished

       (e) Administration of justice – Judicial decorum and propriety – A judicial order, interim or final, can 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. (Para 65, 66, 67)

       (1976) 3 SCC 677; (2001) 4 SCC 448 – Relied upon

       Facts of the case:

       Respondent no.1 was appointed Deputy Secretary of AIIMS on 29.6.2012. He was also made Central Vigilance Officer of the AIIMS.

       The work of the General Section was withdrawn from the respondent no.1 in November 2012, the work of Central Vigilance Officer was withdrawn from him in August 2014, the work of dealing with grievances and Estate Section was withdrawn from him in 2015. Ultimately the respondent no.1 was left practically without any work, apart from signing pension papers and booking guest houses.

       respondent no.1 filed an application being O.A. No.1887 of 2015 before the Principal Bench of the CAT at Delhi, inter alia, for directions on the concerned authorities to allocate the work of Deputy Secretary to the respondent no.1. The said application has been dismissed by a judgment and order dated 17.5.2016.

       On 28.6.2016, the four year deputation of the respondent no.1 as Deputy Secretary at AIIMS came to an end, and he joined his new post at Uttarakhand in August, 2016.

       The Union of India filed an application before the Chairman of the Tribunal being PT 316 /2017 seeking transfer of OA No. 331/00790/2017 filed by respondent 1 to the Principal Bench at Delhi. Chairman of the CAT, sitting singly, stayed proceedings in OA No.331/00790/2017 pending before a two member Bench at Nainital for a period of six weeks, and directed that notice be issued to the respondent no.1.

       The High Court set aside the order dated 18.9.2017 of the Chairman, observing that the Chairman of the Tribunal, while sitting singly, could not stay the proceedings pending before the Division Bench. The High Court imposed costs of Rs. 25,000/- on the appellant.

       Finding of the Court:

       High Court rightly allowed the appeal.

       Result: Appeal dismissed with cost.