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Supreme Court of India 2019-02-01 dismissed

ALL INDIA INSTITUTE OF MEDICAL SCIENCES vs SANJIV CHATURVEDI

Bench: 2 — Sanjay Kishan Kaul, Indira Banerjee

In Brief

The Supreme Court upheld a High Court judgment that set aside the Central Administrative Tribunal's Chairman's order of stay of proceedings before a Division Bench. The Court held that the Chairman, though administratively superior, is equal to other Members when acting judicially. Section 25 of the Administrative Tribunals Act, 1985, confers only administrative powers of case transfer—not judicial power to issue interim relief. Judicial orders of a Bench cannot be nullified by the Chairman. Norms of judicial propriety require that interim orders be vacated only by a Bench of coordinate or larger strength. The Chairman, being one amongst equals, lacked authority to stay proceedings before a larger Bench. Appeal dismissed with costs.

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Administrative Law Administrative Tribunals Procedural Law Interim Relief Judicial Powers Judicial Propriety Transfer of Cases

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