Back
2022 Supreme(SC) 810
SUPREME COURT OF INDIA
M.R. Shah, B.V. Nagarathna, JJ.
Daljit Singh & Ors. - Petitioners
Versus
Arvind Samyal & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 5192-5194/2022, Arising out of impugned final judgment and order dated 07-03-2022 in WP(C) No. 849/2021 07-03-2022 in WP(C) No. 972/2021 07-03-2022 in WP(C) No. 1365/2021 passed by the High Court Of Jammu & Kashmir And Ladakh At Jammu, IA No.43264/2022-Exemption From Filing C/C of The Impugned Judgment
Decided On : 01-04-2022
For the Petitioners: Mr. P.S. Patwalia, Sr. Adv., Mr. Tushar Bakshi, AOR, Mr. Gauravjit Singh Patwalia, Adv., Ms. Harshika Verma, Adv.
For the Respondent: Mr. Gaurav Pachnanda, Sr. Adv., Mr. Sahil Tagotra, AOR, Mr. Sidharth Jain, Adv., Ms. Nikita Jaitly, Adv.
In cases of difference of opinion between members of the Central Administrative Tribunal, the matter should be referred to the third Member/Chairman for a decision, not to the Full Bench.
Headnote:
Procedure - Central Administrative Tribunal - The court agreed with the High Court's view on the procedure to be adopted by the Chairman of the Central Administrative Tribunal when there is a difference of opinion between the members. The matter should be referred to the third Member/Chairman for a decision, but not to the Full Bench.
Fact of the Case:
The High Court remanded the matter to the Central Administrative Tribunal, Jammu Bench, directing the crystallization of points of difference between the members and a reference to the Chairman for decision. The Special Leave Petitions were dismissed, and the Tribunal was directed to finally decide and dispose of the matter within six months.
Finding of the Court:
The court agreed with the High Court's view on the procedure and directed the Tribunal to finally decide and dispose of the matter within six months.
Issues: Difference of opinion between the members of the Central Administrative Tribunal, Jammu Bench, and the appropriate procedure to be followed in such cases.
Ratio Decidendi: The matter should be referred to the third Member/Chairman for a decision when there is a difference of opinion between the members, but not to the Full Bench.
Final Decision: The Special Leave Petitions were dismissed, and the Central Administrative Tribunal, Jammu Bench, was directed to finally decide and dispose of the matter within six months.
ORDER :
1. We are in complete agreement with the view taken by the High Court on the procedure which was adopted by the Chairman of the Central Administrative Tribunal. As rightly observed, once there was a difference of opinion between the Judicial Member and the Administrative Member of the Tribunal, the matter was required to be referred to the third Member/Chairman and the third Member/Chairman was required to give his own decision upon such a reference. However, the matter was not required to be referred to the Full Bench. We are in complete agreement with the view taken by the High Court. The High Court has rightly remanded the matter to the Tribunal and issued the directions, in para 18, which reads as under:
“18. Be that as it may, the judgment and order dated 31.03.2021 is set aside. The matter is remanded to the Central Administrative Tribunal, Jammu Bench. The points of difference expressed by the learned Judicial Member and the learned Administrative Member in its judgment and order shall be crystallized and a reference shall be made to the learned Chairman on such points of difference within ten days’ from today. Upon such a reference being made on the points of difference, the learned Chairman, Tribunal shall proceed to decide the point or points of reference so referred in accordance with the provisions of Section 26 of the Act.”
2. The Special Leave Petitions stand dismissed.
3. However, in the facts and circumstances of the case and considering the fact that the dispute is with respect to the promotion and it is pending since long, we direct the Central Administrative Tribunal, Jammu Bench to finally decide and dispose of the matter, on remand, and, as directed by the High Court, as per para 18 of the impugned judgment, reproduced herein above, within a period of six months from the date of receipt of the present order.
4. All concerned are directed to cooperate with the Central Administrative Tribunal, Jammu Bench to finally decide and dispose of the matter, on remand, within the time stipulated hereinabove.
5. Pending application stands disposed of.
