DALJIT SINGH Vs. ARVIND SAMYAL

JUDGEMENT

(1.) We are 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. As rightly observed, once 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 matter was not required to be referred to the Full Bench. We are 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:

(2.) 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, we direct 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, reproduced herein above, within a period of six months from the date of receipt of the present order.

(3.) 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.