R N SHINGHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) We have gone through the application for review and find it to be devoid of any substance. The petitioner virtually seeks a rehearing on merits which is not permissible. The only new ground taken is that the bench of the central Administrative tribunal comprising of two members which disposed of the petitioner's writ petition was notproperly and legally constituted. The ground is raised on the basis of the earlier S. 5 (2) of the Administrative tribunals Act, 1985 which provided that the tribunal had to sit in a bench of not less than three members. That requirement has since been dispensed with and now the tribunal has to sit in a bench of two members. The change has been brought about by S. 6 of the Administrative tribunals (Amendment) Act, 1986 which substitutes a new Ss. (2) in place of old Ss. (2) , with retrospective effect from 1/11/1985. New Ss. (2) provides that subject to the other provisions of the Act, a Tribunal shall consist of one Judicial Member and one Administrative Member. Further S. 25 of the Amendment Act also validates all decisions of the benches of the tribunal which had been rendered prior to the commencement of the Act. That being so, the ground for review no longer survives.

(2.) The petition for review is accordingly dismissed.