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Supreme Court of India 2019-02-01 dismissed

All India Institute of Medical Sciences vs Sanjiv Chaturvedi & Ors

Bench: 2 — Indira Banerjee

In Brief

A forest service officer challenged the Chairman of the Central Administrative Tribunal's order staying proceedings before a Division Bench pending a case transfer. The Supreme Court held that a Tribunal Chairman, while vested with administrative powers to constitute Benches and transfer cases, cannot grant interim relief or stay proceedings before a Bench. Judicial orders can only be nullified by a coordinate or higher authority, not by a lesser judicial power. The Court emphasized that the Chairman, though administratively senior, is equal to other Members when acting judicially, and principles of judicial propriety mandate that interim orders be modified only by Benches of coordinate or larger strength. The appeal was dismissed, upholding the High Court's decision quashing the Chairman's stay order.

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Administrative Tribunals Constitutional Law Judicial Authority and Jurisdiction Civil Procedure Interim Relief Judicial Propriety Tribunal Jurisdiction

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