ALL INDIA INSTITUTE OF MEDICAL SCIENCESversusSANJIV CHATURVEDI & ORS.

862                      [2019]REPORTS
               SUPREME COURT    1 S.C.R. 862               [2019] 1 S.C.R.


A            ALL INDIA INSTITUTE OF MEDICAL SCIENCES
                                        v.
                       SANJIV CHATURVEDI & ORS.
                         (Civil Appeal No. 1392 of 2019)
B                            FEBRUARY 01, 2019
            [R. BANUMATHI AND INDIRA BANERJEE, JJ.]
             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
C
      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
D     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.
E
            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
F
      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.
            Dismissing the appeal, the Court
G          HELD: 1. The Chairman of the Tribunal, sitting singly and
      exercising his power under Section 25 of the Administrative
      Tribunals Act, 1985 to transfer proceedings from one Bench to
      another, could not have stayed proceedings before a two member
      Bench and rendered interim orders passed by that Bench
      inoperative. [Para 40][875-E-F]
H
                                       862
 ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                      863
                    CHATURVEDI

      2. The reference by counsel for the appellant to the              A
Preamble of the Act is of no relevance. The respondent no.1
approached the tribunal for redressal of his grievances. His case
was heard by a Division Bench and a reasoned interim order was
passed. The preamble, which states the aims and objects of the
Act is of no assistance to the appellant, as it does not lend support
                                                                        B
to appellant’s contention that the Chairman of the tribunal sitting
singly could have stayed further proceedings before a Division
Bench. The reliance placed on the Preamble is misconceived.
[Para 47][876-G-H; 877-A-B]
       3.1 Section 5 provides that a Tribunal is to consist of a
Chairman and such number of judicial and administrative                 C
members as the appropriate Government may deem fit and,
subject to the other provisions of the Act, the jurisdiction, powers
and authority of the Tribunal may be exercised by the Benches
thereof. Sub-section 2 provides that a Bench is to consist of one
Judicial Member and one Administrative Member. This, however,           D
is subject to the other provisions of the said Act. The Chairman
of the Tribunal is an entity distinct from the Tribunal and exercises
administrative powers and such other powers as are expressly
conferred on him under the Act. Section 5(4)(a) of the Act
empowers the Chairman to discharge in addition to the functions
of the Judicial Member or the Administrative Member, of the             E
Bench to which he is appointed, the functions of the Judicial
Member or the Administrative Member of any other Bench.
[Paras 49, 50][879-E-G]
      3.2 Section 5(4)(b) empowers the Chairman to transfer a
Member from one Bench to another Bench, and Section 5(4)(c)             F
enables the Chairman to authorize the Judicial Member or the
Administrative Member of one Bench to discharge the duties
and functions of Judicial Member or Administrative Member, as
the case may be, of any other Bench. The Chairman can also
constitute Benches of more than two Members having regard to            G
the nature of the cases involved, by issuance of general or special
orders. Sub-section (6) of Section 5 empowers the Chairman or
any other Member authorized by the Chairman to sit singly to
exercise jurisdiction, powers and authority of the Tribunal only
in respect of such classes of cases or such matters pertaining to
such classes of cases as the Chairman might, by general or special      H
864           SUPREME COURT REPORTS                      [2019] 1 S.C.R.


A     orders specify. The aforesaid provision does not enable the
      Chairman sitting singly to nullify orders passed by a larger Bench.
      [Paras 51, 55][879-G-H; 880-A-B, F]
            3.3 The proviso to Section 5(c) of the Act states that if at
      any stage of hearing of any such case or matter it appears to the
B     Chairman or the Member functioning singly that the case or
      matter is of such a nature that it ought to be heard by a Bench
      consisting of two Members, the case or matter may be transferred
      by the Chairman, or as the case may be, referred to him for
      transfer to such Bench as the Chairman may deem fit. [Para
      53][880-C-D]
C
            4.1 Section 24 of the Act limits the power to pass interim
      order whether by way of injunction, stay or otherwise by imposing
      conditions on the exercise of such power. No interim order is to
      be made unless copies of the application along with documents
      in support of the plea for interim order are furnished to the party
D     against whom such application is made and opportunity to be
      heard is given to such party. The said condition can only be
      dispensed with in exceptional cases, if the Tribunal is satisfied,
      for reasons to be recorded in writing, that it is necessary to pass
      an interim order for preventing any loss to the applicant which
E     cannot adequately be compensated in money. The interim order,
      in such case is to be of maximum duration of fourteen days unless
      the requirements of sub-sections (a) and (b) are complied with,
      before the expiry of fourteen days and the interim order is
      extended. [Paras 56, 57][880-G-H; 881-A-B]

F           4.2 The power under Section 25 of the Act to transfer cases
      from one Bench to another is essentially an administrative power
      of the Chairman of CAT. Such power is to be exercised by the
      Chairman on his own motion or on the application of any of the
      parties after notice to the parties, and after hearing such of them
      as he may desire to be heard. The Chairman may, on his motion,
G     transfer any case pending before one Bench to another without
      notice. A careful reading of Section 25 of the Act makes it clear
      that the Chairman deciding the question of whether a matter
      should be transferred from one Bench to another cannot grant
      interim stay of proceedings, their being no power conferred on
H     the Chairman under the said section to pass such interim stay.
 ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                     865
                    CHATURVEDI

Power under Section 24 to grant interim orders has been                A
conferred on the Tribunal, and/or in other words, a Bench of the
Tribunal in seisin of proceedings in respect of which the Bench
is entitled to exercise the jurisdiction and powers of the Tribunal.
[Paras 58, 59, 60][881-C-E]
      4.3 A Tribunal created under the Act as also its Chairman        B
derives its powers from the Act and can only exercise such powers
as are conferred by the Act. The Chairman of the Tribunal
exercising its power under Section 25 of the Act does not function
as a Tribunal. The Chairman of CAT does not have power under
Section 25 to pass any interim order of stay of proceedings
pending before a Bench of the Tribunal. [Para 61][881-F-G]             C

      4.4 A careful reading of the provisions of the Administrative
Tribunal Act and in particular Sections 14 and 15 thereof in
juxtaposition with Article 323A of the Constitution leaves no
manner of doubt that an Administrative Tribunal constituted under
the Act to give effect to Article 323A of the Constitution exercises   D
all the jurisdiction powers and authority exercisable by all the
Courts before commencement of the Act and has all the attributes
of a Court of law except that it is not bound by the strict rules of
procedure embodied in the Civil Procedure Code or the strict
rules of evidence prescribed by the Evidence Act. All norms of         E
judicial propriety and judicial discipline apply as much to the
Tribunal as to Courts including the High Court. [Para 62][881-G-
H; 882-A-B]
       4.5 A judicial order passed by a Tribunal is binding on all
concerned, including the tribunal itself on its administrative side,   F
unless set aside or modified by a higher forum in exercise of
appellate or revisional powers. In no circumstances, can a judicial
order of a Bench of the Tribunal be nullified or rendered nugatory
by its Chairman. [Para 63][882-C]
      4.6 In view of Section 12 of the Act, the Chairman of the        G
Tribunal can only exercise financial and administrative powers
over the Benches as may be vested under the Rules. The
Chairman may thus, constitute Benches, shift members from one
Bench to another, constitute Single Benches, Division Benches
and even larger Benches, allocate business to the Benches and
even transfer cases from one Bench to the other, but having done       H
866            SUPREME COURT REPORTS                        [2019] 1 S.C.R.


A     so he cannot interfere with the functioning of the Benches or
      tinker with its orders by passing interim orders in a transfer
      petition. [Para 64][882-D-E]
             4.7 In any case, judicial decorum and propriety demands
      that a judicial order, ad interim, interim or final be vacated, varied,
B     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. [Para 65][882-E-F]
C
            4.8 The interim order passed by a Court does not operate
      as a precedent and the law declared by the Supreme Court with
      regard to the precedential value of judgments of Benches of larger
      strength may not operate as a binding precedent in the facts and
      circumstances of the instant case. The judgments referred to in
D     the preceding paragraphs lay down the norms of judicial decorum
      and propriety which give precedence to Benches of higher
      strength. There is no reason at all why the same principles should
      not apply even to interim orders in pending proceedings. [Para
      67][883-B-C]
E           4.9 An interim order passed by a court, on consideration of
      the prima facie case made out by an applicant, should ordinarily
      have been vacated by a Bench of coordinate strength after giving
      open notice to the applicant. If the Chairman was of the considered
      opinion that there was urgency in the application for vacating the
F     interim order, the Chairman ought to have assigned the
      application for vacating and/or vacation of the interim order to a
      Bench of two or more Members to consider whether the interim
      order should continue or be vacated. The Chairman could also
      have exercised his power to suo motu transfer the proceedings
      to another Bench without prior notice. The order of stay of the
G     proceedings before the Nainital Bench is without jurisdiction and
      unsustainable in law. [Para 68][883-D-E]
           4.10 The Division Bench rightly allowed the writ petition.
      The Chairman, like the Chief Justice of the Higher Courts or
      the Chief Judge of subordinate courts, may be higher in order of
H
 ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                     867
                    CHATURVEDI

protocol and may have additional administrative duties and             A
responsibilities. However, the Chairman, acting judicially, is equal
to any other Member. The Chairman, being one amongst equals,
the order of the Chairman of CAT staying proceedings before
the two member Bench was without jurisdiction and unsustainable
in law. The cost quantified at Rs. 25,000/- directed to be deposited
                                                                       B
with the Supreme Court Legal Services Committee within the
stipulated period. [Paras 73, 74][885-D-E]
      Munna Lal Karosia v. State of Madhya Pradesh and
      Others (2012) 12 SCC 255; Association of Synthetic
      Fibre Industries v. Apollo Tyres Limited and Others
      (2010) 13 SCC 735 - distinguished.                               C

      Dr. Mahabal Ram v. Indian Council of Agricultural
      Research and others (1994) 2 SCC 401; L. Chandra
      Kumar vs. Union of India & Ors. (1997) 3 SCC 261 :
      [1997] 2 SCR 1186; Ramrameshwari Devi and Ors. v.
      Nirmala Devi & Ors. (2011) 8 SCC 249 : [2011] 8 SCR              D
      992; Kishorbhai Gandubhai Pethani v. State of Gujarat
      & Anr. (2014) 13 SCC 539 : [2013] 10 SCR 208;
      Kishore Samrite v. State of Uttar Pradesh & Ors. (2013)
      2 SCC 398 : [2012] 9 SCR 733; Prestige Lights Ltd. v.
      State Bank of India (2007) 8 SCC 449 : [2007] 9 SCR              E
      112; Vatticherukuru Village Panchayat v. Nori
      Venkatarama Deekshithulu and Ors. (1991) Supp. 2
      SCC 228 : [1991] 2 SCR 531; Morgan Stanley Mutual
      Fund v. Kartick Das (1994) 4 SCC 225 : [1994] 1 Suppl.
      SCR 136; Union of India and Anr. v. K. S. Subramanian
      (1976) 3 SCC 677 : [1977] 1 SCR 87; Bharat Petroleum             F
      Corporation Ltd. v. Mumbai Shramik Sangha & Ors.
      (2001) 4 SCC 448 : [2001] 3 SCR 208 – referred to.

                       Case Law Reference
                                                                       G
      (1994) 2 SCC 401                 referred to    Para 28
      [1997] 2 SCR 1186                referred to    Para 28
      [2011] 8 SCR 992                 referred to    Para 35
      [2013] 10 SCR 208                referred to    Para 36
                                                                       H
868            SUPREME COURT REPORTS                          [2019] 1 S.C.R.


A           [2012] 9 SCR 733                    referred to      Para 36
            [2007] 9 SCR 112                    referred to      Para 36
            (2012) 12 SCC 255                   distinguished Para 38
            (2010) 13 SCC 735                   distinguished Para 38
B           [1991] 2 SCR 531                    referred to      Para 42
            [1994] 1 Suppl. SCR 136             referred to      Para 61
            [1977] 1 SCR 87                     referred to      Para 66
            [2001] 3 SCR 208                    referred to      Para 66
C
            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1392
      of 2019.
            From the Judgment and Order dated 21.08.2018 of the High Court
      of Uttarakhand at Nainital in WPSB No. 359 of 2018.
D           Dushyant Parashar, Mehmood Pracha, Himanshu Shekhar, R.H.A.
      Sikander, Jamesh Kumar, Mohd. Danish, Ms. Sadhana Sandhu, Mukul
      Singh, G.S. Makker, Advs. for the appearing parties.
            The Judgment of the Court was delivered by
            INDIRA BANERJEE, J. 1. Leave granted.
E
             2. This appeal is against the final judgment and order dated
      21.08.2018 passed by a Division Bench of the High Court of Uttarakhand
      at Nainital allowing the writ petition being WPSB No.359 of 2018 filed
      by the respondent no.1 and quashing the order dated 18.09.2017 passed
      by the Chairman of the Central Administrative Tribunal (hereinafter
F     referred to as “CAT”) at the Principal Bench at Delhi, inter alia, staying
      proceedings in OA 331/00790/ 2017 filed by the respondent no.1 and
      pending before a Division Bench of CAT at Nainital.
              3. The respondent no.1, an Indian Forest service officer of the
      Uttarakhand cadre of 2002 Batch was posted as Deputy Secretary at
G     the All India Institute of Medical Sciences, New Delhi from 29.6.2012
      till 28.6.2016.
             4. The said post of Deputy Secretary was created with the approval
      of the Department of Expenditure, inter alia, to coordinate and manage
      infrastructure projects and ensure their timely completion, to exercise
H
 ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                             869
         CHATURVEDI [INDIRA BANERJEE, J.]

management and control of the Institute and to coordinate with Multi           A
Disciplinary Experts.
       5. At its 195th meeting held on 20.7.2010, the Standing Finance
Committee of the Institute decided against the creation of a new post of
Central Vigilance Officer and resolved that the work of Central Vigilance
Officer should also be assigned to the officer, joining the newly created      B
post of Deputy Secretary of AIIMS. The Governing Body and Institute
body of AIIMS headed by the Union Health Minister ratified the decision
of the Standing Finance Committee.
       6. An order dated 23.6.2011 was issued by the Ministry of Health
and Family Welfare enumerating the duties pertaining to the said post of
Deputy Secretary of AIIMS.                                                     C
       7. As stated above, respondent no.1 was appointed Deputy
Secretary of AIIMS on 29.6.2012. As per the work allocation order the
respondent no.1 was also made Central Vigilance Officer of the AIIMS.
       8. It is the case of the respondent no.1 that the work of the General
Section was withdrawn from the respondent no.1 in November 2012,               D
the work of Central Vigilance Officer was withdrawn from him in August
2014, the work of dealing with grievances was withdrawn from him
some time in 2015 and in December 2015 the work of the Estate Section
was withdrawn from him. Ultimately the respondent no.1 was left
practically without any work, apart from signing pension papers and            E
booking guest houses.
       9. According to the respondent no.1, there was delay in completion
of infrastructure projects, which along with the way in which the
respondent no.1 had been denuded of duties by successive office orders,
attracted severe criticism in a report of the Parliamentary Committee.
                                                                               F
       10. According to the respondent no.1, at the time when he was
assigned the work of Central Vigilance Officer, the then Health Secretary
had commented on his “exemplary performance” and “absolute integrity”.
Moreover, the respondent no.1 was, in his Annual Performance Appraisal
Reports for the years 2012-13 and 2013-14 graded as ‘outstanding’,
with the following remarks by the then Union Health Minister “Shri             G
Sanjiv Chaturvedi, Deputy Secretary and CVO, AIIMS, New Delhi,
is a man of integrity, sincerity, who is keen on performing his
assigned role to the best of his ability and knowledge without fear
or favour”.
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870            SUPREME COURT REPORTS                           [2019] 1 S.C.R.


A            11. The respondent no.1 had been awarded the Ramon Magsaysay
      Award for the year 2015 in recognition of his exemplary integrity, courage
      and tenacity, inter alia, in uncompromisingly exposing and painstakingly
      investigating corruption in public office. Records reveal that the
      respondent no.1 had donated the award money of Rs.14,23,000/- to the
      Prime Minister’s Relief Fund after the All India Institute of Medical
B
      Sciences refused to accept his donation of the award money to the All
      India Institute of Medical Sciences for free treatment of under privileged
      patients.
            12. According to the respondent no.1, no complaint of any kind
      was received against him from any employee during his two year tenure
C     as Central Vigilance Officer of the Institute. However, the very same
      persons, who had earlier showered praises on the respondent no.1 turned
      against him for extraneous reasons, particularly his role in exposing
      corruption.
             13. Being aggrieved, the respondent no.1 filed an application being
D     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.
             14. The respondent no.1 has alleged that the duties of Central
E     Vigilance Officer were withdrawn from him as he had unearthed
      irregularities and corruption in infrastructure projects. The nature or
      reasons for the disputes between the respondent no.1 and the appellant
      are not relevant to the issues involved in this appeal.
             15. A memorandum dated 7.1.2016 was served on the respondent
F     no.1, informing him that the Director of the All India Institute of Medical
      Sciences had placed on record his displeasure with insubordination,
      indiscipline and lack of work ethics of the respondent no.1 during the
      Winter Session of Parliament in the year 2015, and directed that a copy
      of the said memorandum be kept in the personal file of the respondent
G     no.1. A representation made by the respondent no.1 against the aforesaid
      memorandum was rejected by the Competent Authority.
             16. Being aggrieved, the respondent no.1 filed OA No.1342 of
      2016 before the Principal Bench of the CAT at New Delhi challenging
      the said Memorandum dated 7.1.2016 and praying for orders, restraining
      the Director of the All India Institute of Medical Sciences from writing
H
 ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                             871
         CHATURVEDI [INDIRA BANERJEE, J.]

the Annual Performance Appraisal Report of the respondent no.1. The            A
said application is pending. On the application being filed, the learned
Tribunal directed issuance of notices, but declined the prayer of the
respondent no.1 for interim relief.
       17. 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             B
post at Uttarakhand in August, 2016, after availing leave of two months.
      18. By an order dated 11.1.2017 AIIMS communicated an adverse
Annual Confidential Report for the year 2015 -2016 to the respondent
no.1 wherein he had uniformly been given ‘Zero’ grading in all attributes.
On 23.1.2017, the respondent no.1 filed an appeal against the order dated      C
11.1.2017 before the Competent Authority. The appeal was rejected by
an order dated 15/20.4.2017.
       19. On 19.6.2017, the respondent no.1 filed a writ petition being
WPSB No.225 of 2017 before the Uttarakhand High Court challenging
the orders dated 11.1.2017 and 15/20.4.2017. The respondent no.1 also          D
filed an application being PT No.286/2017 in OA No. 1342/2016 before
the Principal Bench of the CAT at Delhi for transfer of OA No. 1342/2016
from the Principal Bench of the CAT at Delhi to its Bench at Nainital.
The appellant has filed a counter affidavit to the said application.
       20. By an order dated 19.6.2017 in the writ petition being WPSB         E
No.225 of 2017, the Division Bench of Uttarakhand High Court relegated
the respondent no.1 to approach the Tribunal under the Administrative
Tribunals Act, 1985 (for short ‘the Act’) and to seek all reliefs available
to him. The respondent no.1 was given the liberty to approach the
High Court in the event any relief prayed for by the respondent was
rejected by the Tribunal.                                                      F
      21. Thereafter, the respondent no.1 instituted an application being
OA No.331/00790/2017 before the Nainital Bench of the CAT challenging
the Annual Performance Appraisal Report (APAR) of the year 2015-16
whereupon an interim order was passed in favour of the respondent
no.1 on 18.9.2017, by a Division Bench of the Tribunal, the operative          G
part whereof is set out hereinbelow:-
      “Matter be posted for further hearing on interim relief on
      03.10.2017. Respondents shall file their reply before the said
      date. In the meantime, in the interest of justice, it is directed that
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872            SUPREME COURT REPORTS                          [2019] 1 S.C.R.


A           if any matter related to the career progression of the applicant
            comes up for consideration before the terms of the impugned
            orders shall not be taken into account while assessing and the
            applicant’s suitability or fitness and he shall be considered on the
            basis of the rest of his ACRs/APARs.
B           22. 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 to the Principal Bench at Delhi. By an ex parte order
      dated 18.9.2017 passed in the said transfer application, the 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
C     weeks, and directed that notice be issued to the respondent no.1.
             23. Challenging the aforesaid order on the ground that the Chairman
      of CAT, sitting singly, could not have stayed proceedings pending before
      a Division Bench, the respondent no.1 filed a writ petition being W.P.(SB)
      No. 259/2018 in the High Court of Uttarakhand at Nainital.
D
             24. By the impugned order dated 21.8.2018, which is under appeal,
      the High Court allowed the writ petition and set aside the impugned
      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/-
E     on the appellant.
             25. Learned counsel appearing on behalf of the appellant submitted
      that the impugned order was passed without giving the appellant an
      opportunity of hearing. No Vakalatnama was executed by the appellant
      authorizing the learned Additional Solicitor General of India Shri Rakesh
F     Thapliyal to appear before the High Court on behalf of AIIMS.
            26. Learned Counsel for the appellant next submitted that the
      High Court had erred in holding that the Chairman of CAT, sitting singly,
      could not stay proceeding before the Division Bench. He argued that a
      conjoint reading of the preamble of the Act with Section 5(2), 5(6), the
G     proviso to Section 24 and Section 25 of the said Act, shows that the
      Chairman sitting singly can stay proceedings before any other Bench.
      Such power has been conferred upon the Chairman under Section 5(6)
      read with Section 25 of the Act.
           27. Learned counsel submitted that it was necessary for the
H     Chairman to pass an order of stay of proceedings in O.A. No.
    ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                       873
            CHATURVEDI [INDIRA BANERJEE, J.]

331/790/2017 pending before the Bench at Nainital to avoid multiplicity     A
of proceedings and for judicial uniformity, more so, since the lis in OA
No.1342 of 2016 before the Principal Bench and in O.A. No.
331/790/2017 at the Bench at Nainital were similar. The subject matter
of both the applications related to the APAR of the year 2015-2016.
       28. In support of his submission, that the Chairman of the CAT,      B
considering an application for transfer under Section 25 of the Act, had
the power to stay the proceedings before the Nainital Bench, of which
transfer had been sought, counsel cited Dr. Mahabal Ram vs. Indian
Council of Agricultural Research and others1 and L.Chandra Kumar
vs. Union of India & Ors.2.
                                                                            C
       29. Counsel appearing on behalf of the respondent no.1 refuted
the submission that the appellant had not been heard by the High Court,
arguing that the appellant had duly been represented by Shri Rakesh
Thapliyal, Additional Solicitor General of India. He submitted that, as
per the rules of the High Court an advance copy of the writ petition had
also been served on the Additional Solicitor General Shri Rakesh            D
Thapliyal. The Additional Solicitor General and senior government counsel
had been representing both Union of India and AIIMS in the High Court
as well as in Nainital Bench of CAT where the Union of India and
AIIMS had jointly filed reply through counsel for Union of India.
       30. Counsel appearing for the Respondent no.1 emphatically argued    E
that the Chairman of CAT sitting singly had no power under the Act to
stay the proceedings in a part-heard matter before a Division Bench of
the same Tribunal. It was trite that a body created by statute could only
have those powers provided by statute and nothing more.
      31. Counsel for the respondent no.1 further argued that the           F
appellant had filed O.A No.331/790 of 2017 pursuant to the order of the
Division Bench of the High Court, in the writ petition filed by the
respondent no.1, being WPSB No.225 of 2017. The order of the
Chairman was, thus, in violation of the order of the Division Bench of
the High Court.                                                             G
      32. Counsel appearing for the respondent no.1 also submitted that
under Section 24 of the Act, the maximum duration of an ex-parte interim
order could be two weeks and that too subject to certain conditions,
1
    (1994) 2 SCC 401
2
    (1997) 3 SCC 261
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874             SUPREME COURT REPORTS                           [2019] 1 S.C.R.


A     including service of advance copy, which had not been done in this case.
      Moreover, there had to be a prima facie finding that the appellant would
      suffer irreparable loss, which could not be monetarily compensated, if
      no interim order were passed. In this case, the Chairman passed a non-
      speaking interim order for six weeks. The order does not disclose any
      urgency or irreparable loss which could not be monetarily compensated.
B
             33. Counsel for the respondent no.1 also submitted that the cause
      of action in OA No. 331/790/2017 was distinct from cause of action in
      OA No. 1342/2016. The communication of adverse APAR for the year
      2015-16 gave rise to a fresh cause of action. Unless challenged, the
      APAR would have led to adverse consequences for the respondent no.1,
C     such as, denial of promotion.
             34. Counsel for the respondent no.1 submitted that OA No. 1342/
      2016 and OA No. 331/790/2017 arose as a result of two completely
      different orders and, in any case, the issue of whether there was similarity
      of cause of action in the two proceedingshad been dealt with by the
D     Nainital Bench. The finding of the Nainital Bench had never been
      challenged by the appellant and had attained finality.
            35. Relying on the judgment of this Court in Ramrameshwari
      Devi and Ors. v. Nirmala Devi & Ors.3, Counsel for the respondent
      no.1 submitted that the High Court had rightly imposed a fine on the
E     appellant, as the appellant had obtained an ex parte order by
      misrepresentation.
            36. Counsel for the respondent no.1 finally submitted that this
      appeal might be dismissed, as it is purely based on perjury and
      concealment of facts, citing Kishorbhai Gandubhai Pethani v. State
F     of Gujarat & Anr.4, Kishore Samrite V. State of Uttar Pradesh &
      Ors.5 and Prestige Lights Ltd. v. State Bank of India6.
             37. It is not in dispute that the impugned order, under challenge in
      this Court, records the appearance of Shri Rakesh Thapliyal, Additional
      Solicitor General on behalf of AIIMS as well. Any objection with regard
G     to erroneous recording of appearances, or the authority of the learned
      Additional Solicitor General of India to represent the AIIMS ought to
      have been urged before the High Court by making an appropriate
      3
        (2011) 8 SCC 249
      4
        (2014) 13 SCC 539
      5
        (2013) 2 SCC 398
H     6
        (2007) 8 SCC 449
    ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                          875
            CHATURVEDI [INDIRA BANERJEE, J.]

application. The objection to the appearances of the Additional Solicitor      A
General, representing the Central government in the same proceedings,
is prima facie preposterous, considering that the AIIMS is under full
control of the Central Government. It is, however, not for this Court to
examine whether the learned Additional Solicitor General of India had
been authorized to appear before the High Court on behalf of AIIMS or
                                                                               B
not.
       38. The judgments of this Court in Munna Lal Karosia vs. State
of Madhya Pradesh and Others7 and Association of Synthetic Fibre
Industries vs. Apollo Tyres Limited and Others 8, cited by the appellant
to argue that a final order ought not be passed by the High Court against
any person without giving that person an opportunity of hearing, have no       C
application in the facts and circumstances of this case, since the appellant
had apparently been represented by the Additional Solicitor General.
The judgments were rendered in the particular facts and circumstances
of those cases.
       39. In Munna Lal Karosia(supra), the High Court had held Munna          D
Lal Karosia to be guilty of contempt without hearing him. It was in the
aforesaid context that this Court deprecated the passing of stigmatic
orders against a person without giving that person an opportunity of
hearing. An order of contempt may be stigmatic. The order under appeal
is not so. Imposition of costs does render an order stigmatic, as sought       E
to be argued on behalf of the appellant.
       40. The main question before this Court is, whether the Chairman
of the Tribunal, sitting singly and exercising his power under Section 25
of the Act, to transfer proceedings from one Bench to another, could
have stayed proceedings before a two member Bench and rendered                 F
interim orders passed by that Bench inoperative. The answer to the
aforesaid question has to be in the negative for the reasons discussed
hereinafter.
       41. The Act has been enacted in pursuance of Article 323 A,
inserted into the Constitution of India by the Constitution (42 nd             G
Amendment) Act, 1976, which enables Parliament to enact law to provide
for adjudication and/or trial by Administrative Tribunals of disputes in
respect of recruitment and conditions of service of persons in public
7
    (2012) 12 SCC 255
8
    (2010) 13 SCC 735
                                                                               H
876               SUPREME COURT REPORTS                         [2019] 1 S.C.R.


A     services and posts inter alia in connection with the Union of India and
      authorities under its control.
             42. As observed by the Supreme Court in Vatticherukuru Village
      Panchayat v. Nori Venkatarama Deekshithulu and Ors. 9, the
      Parliament has enacted Article 323A for the reason that the Civil Courts,
B     gripped with rules of pleading and strict rules of evidence and tardy trial,
      four-tier appeals, endless revisions and reviews under the Civil Procedure
      Code, are not suited to the need for expeditious dispensation of litigation
      relating to services.
            43. CAT has been established under Section 4 of the Act and
C     exercises jurisdiction, powers and authority as stipulated in Section 14 of
      the Act.
              44. Under Section 14(1) read with 14(3) of the Act, CAT exercises
      all the jurisdiction authority and powers, exercised by all Courts except
      the Supreme Court before the establishment of a Tribunal under the
D     Act.
             45. Even though the Evidence Act and Civil Procedure Code may
      not apply to Tribunals constituted in pursuance of Article 323 A of the
      Constitution, such Tribunals, like ordinary law courts are bound by rules
      of evidence and procedure as laid down under the law under which the
E     Tribunal is constituted and/or the rules and regulations framed thereunder
      and are required to determine the lis brought before them strictly in
      accordance with the law.
             46. The preamble to the Act states the object of the Act, which
      is to provide for adjudication or trial by Administrative Tribunals, of
F     disputes and complaints in respect of recruitment and conditions of service
      of persons appointed to public services and posts in connection with the
      affairs of the Union or of any State or of any local or other authority
      within the territory of India or under the control of the Government of
      India or of any corporation owned or controlled by the Government, in
      pursuance of Article 323A of the Constitution of India and for the matters
G     connected therewith or incidental thereto.
            47. The reference by Counsel for the appellant to the Preamble
      of the Act is of no relevance. The respondent no.1 approached the
      Tribunal for redressal of his grievances. His case was heard by a Division
      9
          (1991) Supp. (2) SCC 228
H
 ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                          877
         CHATURVEDI [INDIRA BANERJEE, J.]

Bench and a reasoned interim order passed on 18.9.2017. The preamble,       A
which states the aims and objects of the Act is of no assistance to the
appellant, as it does not lend support to appellant’s contention that the
Chairman of the Tribunal sitting singly could have stayed further
proceedings before a Division Bench. The reliance placed by Counsel
on the Preamble is misconceived.
                                                                            B
      48. Sections 5, 24 and 25 of the Act provide as follows:-
      5. Composition of Tribunals and Benches thereof.— (1) Each
      Tribunal shall consist of a Chairman and such number of
      Judicial and Administrative Members as the appropriate
      Government may deem fit and, subject to the other provisions          C
      of this Act, the jurisdiction, powers and authority of the
      Tribunal may be exercised by Benches thereof.
      (2) Subject to the other provisions of this Act, a Bench shall
      consist of one Judicial Member and one Administrative
      Member.                                                               D
      (3) Omitted
      (4) Notwithstanding anything contained in sub-section (1),
      the Chairman—
      (a) may, in addition to discharging the functions of the Judicial
                                                                            E
      Member or the Administrative Member of the Bench to which
      he is appointed, discharge the functions of the Judicial
      Member or, as the case may be, the Administrative Member,
      of any other Bench;
      (b) may transfer a Member from one Bench to another Bench;
                                                                            F
      (c) may authorise the Judicial Member or the Administrative
      Member appointed to one Bench to discharge also the
      functions of the Judicial Member or the Administrative
      Member, as the case may be, of another Bench; and
      (d) may, for the purpose of securing that any case or cases           G
      which, having regard to the nature of the questions involved,
      requires or require, in his opinion or under the rules made by
      the Central Government in this behalf, to be decided by a
      Bench composed of more than two Members issue such
      general or special orders, as he may deem fit:
                                                                            H
878      SUPREME COURT REPORTS                         [2019] 1 S.C.R.


A     Provided that every Bench constituted in pursuance of this
      clause shall include at least one Judicial Member and one
      Administrative Member.
      (6) Notwithstanding anything contained in the foregoing
      provisions of this section, it shall be competent for the
B     Chairman or any other Member authorised by the Chairman
      in this behalf to function as a Bench consisting of a single
      Member and exercise the jurisdiction, powers and authority
      of the Tribunal in respect of such classes of cases or such
      matters pertaining to such classes of cases as the Chairman
      may by general or special order specify:
C
      Provided that if at any stage of the hearing of any such case
      or matter it appears to the Chairman or such Member that
      the case or matter is of such a nature that it ought to be heard
      by a Bench consisting of two Members, the case or matter
      may be transferred by the Chairman or, as the case may be,
D     referred to him for transfer to, such Bench as the Chairman
      may deem fit.
      (7) Subject to the other provisions of this Act, the Benches of
      the Central Administrative Tribunal shall ordinarily sit at New
      Delhi (which shall be known as the principal Bench),
E     Allahabad, Calcutta, Madras, New Bombay and at such other
      places as the Central Government may, by notification, specify.
      (8) Subject to the other provisions of this Act, the places at
      which the principal Bench and other Benches of a State
      Administrative Tribunal shall ordinarily sit shall be such as
F     the State Government may, by notification, specify.
      xxx               xxx              xxx              xxx
      24. Conditions as to making of interim orders. -
      Notwithstanding anything contained in any other provisions of this
      Act or in any other law for the time being in force, no interim
G
      order (whether by way of injunction or stay or in any other manner)
      shall be made on, or in any proceedings relating to, an application
      unless -
         (a) copies of such application and of all documents in support
         of the plea for such interim order are furnished to the party
H
 ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                             879
         CHATURVEDI [INDIRA BANERJEE, J.]

          against whom such application is made or proposed to be              A
          made; and
          (b) opportunity is given to such party to be heard in the matter:
        Provided that a Tribunal may dispense with the requirements of
      clauses (a) and (b) and make an interim order as an exceptional
      measure if it is satisfied, for reasons to be recorded in writing,       B
      that it is necessary so to do for preventing any loss being caused
      to the applicant which cannot be adequately compensated in money
      but any such interim order shall, if it is not sooner vacated, cease
      to have effect on the expiry of a period of fourteen days from the
      date on which it is made unless the said requirements have been          C
      complied with before the expiry of that period and the Tribunal
      has continued the operation of the interim order.
      25. Power of Chairman to transfer cases from one Bench
      to another. - On the application of any of the parties and after
      notice to the parties, and after hearing such of them as he may          D
      desire to be heard, or on his own motion without such notice, the
      Chairman may transfer any case pending before one Bench, for
      disposal, to any other Bench.
       49. Section 5 provides that a Tribunal is to consist of a Chairman
and such number of judicial and administrative members as the appropriate      E
Government may deem fit and, subject to the other provisions of the
Act, the jurisdiction, powers and authority of the Tribunal may be exercised
by the Benches thereof. Sub-section 2 provides that a Bench is to consist
of one Judicial Member and one Administrative Member. This, however,
is subject to the other provisions of the said Act.
                                                                               F
      50. The Chairman of the Tribunal is an entity distinct from the
Tribunal and exercises administrative powers and such other powers as
are expressly conferred on him under the Act. Section 5(4)(a) of the
Act empowers the Chairman to discharge in addition to the functions of
the Judicial Member or the Administrative Member, of the Bench to
which he is appointed, the functions of the Judicial Member or the             G
Administrative Member of any other Bench.
      51. Section 5(4)(b) empowers the Chairman to transfer a Member
from one Bench to another Bench, and Section 5(4)(c) enables the
Chairman to authorize the Judicial Member or the Administrative Member
                                                                               H
880             SUPREME COURT REPORTS                            [2019] 1 S.C.R.


A     of one Bench to discharge the duties and functions of Judicial Member
      or Administrative Member, as the case may be, of any other Bench.
      The Chairman can also constitute Benches of more than two Members
      having regard to the nature of the cases involved, by issuance of general
      or special orders.
B            52. Section 5(6) enables the Chairman or any other Member
      authorized by the Chairman to function as a Single Bench and exercise
      jurisdiction, powers and authority of the Tribunal in respect of such classes
      of cases or such matters pertaining to such classes of cases as the
      Chairman may by general or special order specify.
C            53. The proviso to Section 5(c) of the Act states that if at any
      stage of hearing of any such case or matter it appears to the Chairman
      or the Member functioning singly that the case or matter is of such a
      nature that it ought to be heard by a Bench consisting of two Members,
      the case or matter may be transferred by the Chairman, or as the case
      may be, referred to him for transfer to such Bench as the Chairman
D     may deem fit.
             54. A perusal of Section 5 indicates that the Chairman is
      empowered to discharge administrative functions of constituting Benches
      by transferring a Member from one Bench to another, authorizing the
      Judicial Member or the Administrative Member appointed to one Bench
E     to discharge the functions of Judicial Member or Administrative Member
      of another Bench.
             55. Sub-section (6) of Section 5 empowers the Chairman or any
      other Member authorized by the Chairman to sit singly to exercise
      jurisdiction, powers and authority of the Tribunal only in respect of such
F     classes of cases or such matters pertaining to such classes of cases as
      the Chairman might, by general or special orders specify. The aforesaid
      provision does not enable the Chairman sitting singly to nullify orders
      passed by a larger Bench.
             56. Section 24 of the Act limits the power to pass interim order
G     whether by way of injunction, stay or otherwise by imposing conditions
      on the exercise of such power. No interim order is to be made unless
      copies of the application along with documents in support of the plea for
      interim order are furnished to the party against whom such application is
      made and opportunity to be heard is given to such party.
H
     ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                         881
             CHATURVEDI [INDIRA BANERJEE, J.]

       57. The aforesaid condition can only be dispensed with in               A
exceptional cases, if the Tribunal is satisfied, for reasons to be recorded
in writing, that it is necessary to pass an interim order for preventing any
loss to the applicant which cannot adequately be compensated in money.
The interim order, in such case is to be of maximum duration of fourteen
days unless the requirements of sub-sections (a) and (b) are complied
                                                                               B
with, before the expiry of fourteen days and the interim order is extended.
       58. The power under Section 25 of the Act to transfer cases from
one Bench to another is essentially an administrative power of the
Chairman of CAT. Such power is to be exercised by the Chairman on
his own motion or on the application of any of the parties after notice to
the parties, and after hearing such of them as he may desire to be heard.      C
The Chairman may, on his motion, transfer any case pending before one
Bench to another without notice.
       59. A careful reading of Section 25 of the Act makes it clear that
the Chairman deciding the question of whether a matter should be
transferred from one Bench to another cannot grant interim stay of             D
proceedings, their being no power conferred on the Chairman under the
said section to pass such interim stay.
       60. Power under Section 24 to grant interim orders has been
conferred on the Tribunal, and/or in other words, a Bench of the Tribunal
in seisin of proceedings in respect of which the Bench is entitled to          E
exercise the jurisdiction and powers of the Tribunal.
       61. A Tribunal created under the Act as also its Chairman derives
its powers from the Act and can only exercise such powers as are
conferred by the Act. The Chairman of the Tribunal exercising its power
under Section 25 of the Act does not function as a Tribunal. The               F
proposition that the power to grant interim relief must expressly be
provided by statute finds support from the judgment of the Supreme
Court in Morgan Stanley Mutual Fund vs. Kartick Das 10. The
Chairman of CAT does not have power under Section 25 to pass any
interim order of stay of proceedings pending before a Bench of the             G
Tribunal.
      62. A careful reading of the provisions of the Act and in particular
Sections 14 and 15 thereof in juxtaposition with Article 323A of the
Constitution leaves no manner of doubt that an Administrative Tribunal
10
     (1994) 4 SCC 225                                                          H
882               SUPREME COURT REPORTS                          [2019] 1 S.C.R.


A     constituted under the Act to give effect to Article 323A of the
      Constitution exercises all the jurisdiction powers and authority exercisable
      by all the Courts before commencement of the Act and has all the
      attributes of a Court of law except that it is not bound by the strict rules
      of procedure embodied in the Civil Procedure Code or the strict rules of
      evidence prescribed by the Evidence Act, as observed above. All norms
B
      of judicial propriety and judicial discipline apply as much to the Tribunal
      as to Courts including the High Court.
             63. A judicial order passed by a Tribunal is binding on all concerned,
      including the Tribunal itself on its administrative side, unless set aside or
      modified by a higher forum in exercise of appellate or revisional powers.
C     In no circumstance, can a judicial order of a Bench of the Tribunal be
      nullified or rendered nugatory by its Chairman.
             64. In view of Section 12 of the Act, the Chairman of the Tribunal
      can only exercise financial and administrative powers over the Benches
      as may be vested under the Rules. The Chairman may thus constitute
D     Benches, shift members from one Bench to another, constitute Single
      Benches, Division Benches and even larger Benches, allocate business
      to the Benches and even transfer cases from one Bench to the other,
      but having done so he cannot interfere with the functioning of the Benches
      or tinker with its orders by passing interim orders in a transfer petition.
E            65. In any case, judicial decorum and propriety 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
F     expressly conferred or implicit in the order sought to be vacated, varied,
      modified, recalled or reviewed.
              66. In Union of India and Anr. vs. K. S. Subramanian11, the
      Supreme Court observed that the proper course for a High Court was to
      try to find out and follow the opinion expressed by larger benches of this
G     Court in preference to those expressed by smaller Benches of the
      Supreme Court and that was the practice also to be followed by the
      Supreme Court itself. The practice has now crystallized into a rule of
      law declared by the Supreme Court. A similar view was taken by the
      Supreme Court in Bharat Petroleum Corporation Ltd. vs. Mumbai
      11
           (1976) 3 SCC 677
H
     ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                        883
             CHATURVEDI [INDIRA BANERJEE, J.]

Shramik Sangha & Ors.12. A five Judge Constitution Bench of the               A
Supreme Court observed that the decision of a Constitution Bench of
the Supreme Court would bind a Bench of two judges of the Supreme
Court and that judicial discipline obliged them to follow it, regardless of
their doubts about its correctness.
      67. It is true that the interim order passed by a Court does not        B
operate as a precedent and the law declared by the Supreme Court with
regard to the precedential value of judgments of Benches of larger
strength may not operate as a binding precedent in the facts and
circumstances of this case. The judgments referred to in the preceding
paragraphs lay down the norms of judicial decorum and propriety which
give precedence to Benches of higher strength. There is no reason at all      C
why the same principles should not apply even to interim orders in pending
proceedings.
       68. An interim order passed by a court, on consideration of the
prima facie case made out by an applicant, should ordinarily have been
vacated by a Bench of coordinate strength after giving open notice to         D
the applicant. If the Chairman was of the considered opinion that there
was urgency in the application for vacating the interim order, the Chairman
ought to have assigned the application for vacating and/or vacation of
the interim order to a Bench of two or more Members to consider whether
the interim order should continue or be vacated. The Chairman could           E
also have exercised his power to suo motu transfer the proceedings to
another Bench without prior notice. The order of stay of the proceedings
before the Nainital Bench is without jurisdiction and unsustainable in
law.
       69. Neither the judgment of the Constitution Bench of this Court       F
in L. Chandra Kumar (supra) nor the judgment of the Division Bench
of this Court in Dr. Mahabal Ram vs. Indian Council of Agricultural
Research and Others is an authority for the proposition that the Chairman
of CAT, sitting singly to decide on application for transfer under Section
25 of the Act, can stay the proceeding before a two Member Bench or
interfere with the orders of a two Member Bench.                              G
      70. In L. Chandra Kumar (supra), cited on behalf of the appellant,
a Constitution Bench of seven Judges of the Supreme Court held that
the power of judicial review vested in the High Court under Article 226
12
     (2001) 4 SCC 448
                                                                              H
884                SUPREME COURT REPORTS                       [2019] 1 S.C.R.


A     and in the Supreme Court under Article 32 of the Constitution was an
      integral and essential feature of the Constitution constituting part of its
      basic structure. Ordinarily, therefore, the power of the High Courts and
      the Supreme Court to test the constitutional validity of legislations could
      never be ousted or excluded. The power vested in the High Court to
      exercise judicial superintendence over the decision of all Courts and
B
      Tribunals within their respective jurisdictions was also part of the basic
      structure of the Constitution. Further, in L. Chandra Kumar (supra),
      this Court upheld the vires of Section 5(6) of the Act observing that
      Section 5(6) could harmoniously operate with Section 5(2) in view of
      the proviso to Section 5(6). This Court also held that the Tribunals are
C     even competent to hear matters where vires of statutory provisions are
      questioned, except where the vires of their parent statute is in question,
      following the settled principle that a Tribunal which is the creature of a
      statute cannot declare that very statute to be unconstitutional. In such
      cases alone, the High Court might be approached directly. However, in
      discharging the duty of deciding vires of statutory provisions, Tribunals
D
      cannot act as substitute for the High Courts and the Supreme Court.
      Their function is supplementary and all such decision of the Tribunals
      would be subject to scrutiny before the Division Bench of the respective
      High Courts.
             71. In L. Chandra Kumar (supra) this Court held that whenever
E     any question involving the interpretation of a statutory provision or rule
      in relation to Constitution arose for consideration of a Single Bench of
      the Administrative Tribunal, the provision to Section 5(6) would
      automatically apply and the Chairman or the member concerned would
      be obliged to refer the matter to a Bench consisting of at least two
F     members one of whom must be a judicial member. This would ensure
      that questions involving vires of statutory provisions or rules would never
      arise for adjudication before a Single Member Bench or a Bench which
      does not consist of a judicial member. So construed, Section 5(6) would
      no longer be susceptible to charges of unconstitutionality and, therefore,
      valid and constitutional.
G
            72. In Dr. Mahabal Ram vs. Indian Council of Agricultural
      Research and Others13, the Supreme Court held that sub-sections (2)
      and (6) appearing as limbs of the same Section 5 of the Act, have to be
      harmoniously construed. While allocating work to a single Member,
      13
           . (1994) 2 SCC 401
H
  ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. SANJIV                               885
          CHATURVEDI [INDIRA BANERJEE, J.]

whether Judicial or Administrative in terms of sub-section (6), the               A
Chairman should keep in view the nature of the litigation and where
questions of law or interpretation of constitutional provisions are involved,
they should not be assigned to a single Member. It would be open to
either party appearing before the single Member to suggest to that
Member hearing the matter that it should go to a Bench of two Members.
                                                                                  B
The Member should ordinarily allow the matter to go to a Bench of two
Members when so requested. However, the contention that the single
Member contemplated under sub-section (6) had to mean a Judicial
Member only, was not accepted. In Dr. Mahabal Ram (supra), the
question was whether a Bench consisting of a single Member under
Section 5(6) necessarily had to be a Bench comprising of a judicial               C
member.
       73. In our considered view, the Division Bench rightly allowed the
writ petition. The 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.      D
However, the Chairman, acting judicially, is equal to any other Member.
The Chairman, being one amongst equals, could not have stayed
proceedings pending before a larger Bench. We find no grounds to
interfere with the reasoning of the High Court. The High Court rightly
allowed the writ petition with costs. Since we have upheld the order of
the Division Bench of the HighCourt under appeal and held that the                E
order of the Chairman of CAT staying proceedings before the two member
Bench was without jurisdiction and unsustainable in law, we need not go
into the various other contentions raised on behalf of the respondent
no.1.
       74. The appeal is dismissed with costs, quantified at Rs.25,000/-,         F
to be deposited with the Supreme Court Legal Services Committee within
four weeks from the date.


Nidhi Jain                                                    Appeal dismissed.
                                                                                  G




                                                                                  H