Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Tribunals Act 24 and 25 1985 ss. 5 Judicial propriety and decorum demands |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Administrative Tribunals Act, 1985 (13 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Administrative Tribunals Act, 1985 – ss. 5, 24 and 25 – Chairman of the Tribunal, sitting singly and exercising his power to transfer proceedings from one Bench to another, stayed proceedings in an Original Application pending before a two member Bench and rendered interim orders passed by that Bench inoperative – Sustainability of – Held: Chairman sitting singly, cannot nullify the orders passed by a larger Bench – Chairman, like the Chief Justice of the Higher Courts or the Chief Judge of subordinate courts, may be higher in order of protocol and may have additional administrative duties and responsibilities, however, the Chairman, acting judicially, is equal to any other Member – Chairman, being one amongst equals, the order of the Chairman of the tribunal staying proceedings before the two member Bench was without jurisdiction and unsustainable in law. Judicial Propriety – Norms of – Held: Judicial propriety and decorum demands that a judicial order, ad interim, interim or final 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, except in cases where such authority to a lower forum and/or smaller Bench is expressly conferred or implicit in the order sought to be vacated, varied, modified, recalled or reviewed. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2019 INSC 127 |
Petitioner | All India Institute Of Medical Sciences |
Respondent | Sanjiv Chaturvedi & Ors. |
SCR | [2019] 1 S.C.R. 862 |
Judgement Date | 2019-02-01 |
Case Number | 1392 |
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