MADHU BABU M.R Vs. STATE OF KERALA

JUDGEMENT

(1.) Review Petition is filed inter alia seeking to review judgment dated 1/11/2016 in OP(KAT) No.128/2016. The Original Petition is filed challenging an order passed by the Kerala Administrative Tribunal in OA No.763/2014 declining to interfere with the disciplinary proceedings initiated against the review petitioner. By judgment dated 1/11/2016, this Court also confirmed the same. Review Petition is filed inter alia on a jurisdictional question contending that the Tribunal's order was passed by a single member. Single member of the Tribunal has no jurisdiction to entertain a complaint with reference to a disciplinary action

(2.) By the disciplinary proceedings, the disciplinary authority had barred one increment of the petitioner without cumulative effect. The Tribunals are constituted by virtue of powers vested in the Government under the Administrative Tribunals Act, 1985. The composition of Tribunals and Benches are specified u/s 5 and a Bench shall normally consist of a Judicial Member and one Administrative Member. However, S.5(6) indicates as under:-

(3.) By order dated 28/6/2011 published in Kerala Gazette Extra ordinary, the Chairman in exercise of the powers u/s 5(6) of the Kerala Administrative Tribunals Act, 1985 ordered that the Chairman shall function as a Bench consisting of a Single Member and exercise the jurisdiction, powers and authority of the Tribunal in respect of such classes of cases specified in the Schedule and minor penalties were also included in the same.