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2007 Supreme(Bom) 788

SWATANTER KUMAR, S.C.DHARMADHIKARI
G. S. Rathore – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared
Mr D.V. Gangal for the petitioner
Mr Suresh Kumar for respondents

JUDGMENT

(Per Swatanter Kumar,C.J.):

Rule. Respondents waive service. By consent Rule made returnable forthwith. Heard both sides.

1. Within the circumscribed limitation of law, The Administrative Tribunals Act, 1985, hereinafter referred to as “the Act”, is a self contained Code and the administrative tribunal constituted thereunder is to prescribe its procedure under the provisions of the Act. What is the ambit and scope of the procedure and powers of the tribunal, as contemplated under section 22 of the Act, is simple but a pertinent question of law arises for consideration of the Court in the present case. Section 22 of the Act reads as under: “22. Procedure and powers of Tribunal: (1) A Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 ( 5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central ; Government, the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private. (2)......... (3) A Tribunal shall have, for the purposes of (dischargin





















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