The Supreme Court recently, while considering the fact that the dispute is with respect to the promotion and it is pending since long, directed the Central Administrative Tribunal, Jammu Bench to finally decide the matter.
The Division Bench of Justices MR Shah and Justice BV Nagarathna disposed of an Appeal filed challenging the promotion of some persons as Inspectors (Armed) in the Jammu & Kashmir Police were referred to the full bench of the Tribunal following a difference of opinion between the Judicial Member and the Administrative Member.
The Apex Court was 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.
It is observed by the Top Court that 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 Court held that the matter was not required to be referred to the Full Bench. The Supreme Court is 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.” The Special Leave Petitions stand dismissed.”
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, the Top court directed 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 , within a period of six months from the date of receipt of the present order.
“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. Pending application stands disposed of”, the order reads.
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