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1 - 6 of 6 (0.33 seconds)The Administrative Tribunals Act, 1985
L. Chandra Kumar vs Union Of India And Others on 18 March, 1997
13. In our country, in different High Courts, there are different rules of hearing the matters under
Article 226 of the Constitution. Some where it is to be heard by single Judge and some where it is
to be heard by Division Bench and likewise, but in L. Chandra Kumar's case (supra) it has been
categorically ruled that the Central Administrative Tribunal is a Court of first instance, i.e., first
hearing will be made by the Tribunal and thereafter against the decision of the Tribunal, it will be
heard by the Division Bench of the High Court. In this way, the larger Bench of Supreme Court
has propounded a principle of universal application to all the High Courts that the matters
arising out of the decisions of the Tribunal, will be cognizable, exclusively by the Division Bench
of the High Court under Article 226 of the Constitution and the Tribunals will hear the matters as
a Court of first instance. Therefore, if the High Court, under Article 226 of the Constitution,
ignores this aspect and holds that the alternative forum of adjudication can be ignored and even
in such matters High Court can be directly approached, it would lead to an anomalous position
and would frustrate the objective sought to be achieved by creating the Tribunal as a Court of
first instance."
Article 323 in Constitution of India [Constitution]
Section 14 in The Administrative Tribunals Act, 1985 [Entire Act]
Dwijendra Nath Roy Son Of Late P.N. Roy vs Union Of India (Uoi) Through Ministry Of ... on 8 October, 2007
In Dwijendra Nath Roy Vs. Union of India and others, 2008 (1) AWC 1046,
a Division Bench of this Court considered the import of the decision of the
Supreme Court in L. Chandra Kumar case (supra) and held as under
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