National

Let appeals against tribunal order go straight to Supreme Court, suggests Law Commission

New Delhi: For speedy disposal of cases filed by government servants before administrative tribunals, the Law Commission has suggested that appeals be filed directly in the Supreme Court and not in the High Court.

State and Central Administrative Tribunals were constituted pursuant to the 1985 Administrative Tribunals Act. As per this Act, appeals against the tribunal orders could be filed directly in the Supreme Court. However, after the judgment in L. Chandrakumar’s case in 1997, appeals would have to be filed first in the High Court concerned and then before the Supreme Court.

The Commission, headed by Justice A.R. Lakshmanan, in its report to be submitted to the Centre, has recommended to the government that it request the Supreme Court to refer the matter of filing the first appeal for adjudication by a larger Bench.

The report said it was necessary to reconsider the judgment in Chandrakumar’s case in the interest of Central and state government servants to achieve the object of the 1985 Act, to provide speedy and less expensive justice. “If this proposal [to reconsider the judgment] is taken up in the right perspective, it will reduce not only the heavy expenditure by way of fee, etc, to counsel but also the time.”

The Commission noted that the very purpose and rationale of the tribunals would be defeated if all cases had to go to the High Courts concerned again. In view of the delay in the disposal of the appeals in the High Courts, some States abolished the State tribunals.

The Commission said that by an amendment to Article 227 (4) of the Constitution, it would be possible to include the Central Administrative Tribunal side by side with the Armed Forces Tribunal (which provides for direct appeal to the Supreme Court) so that appeals against tribunal orders could be filed in the Supreme Court. This would prevent explosion of cases in the High Courts.

As an alternative, “if there is an impression that there has to be at least one appeal provided against the orders of the tribunal before the matter reaches the Supreme Court, an intra-court appeal, similar to the one provided in every High Court, can be provided under the 1985 Act itself.”

The report said: “The decision of a single Bench can be challenged before a Bench consisting of three or more members.

“For this purpose, four zones, North, East, West and South, can be made where appeals from various Benches may be filed.

“After the decision by an appellate Bench, the matter can be taken to the Supreme Court.”

The Commission recommended to the Centre that it take up the issue with the Supreme Court in the larger public interest.

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