AMARJEET YADAV Vs. STATE OF U P

JUDGEMENT

(1.) SECTION 4-A (5) (a) of the U. P. Public Services (Tribunal) Act, 1976 provides that a reference of claim, wherein the validity of any order of dismissal or removal from service (not being an order for termination of temporary service) or reduction in rank is involved, shall be heard and finally decided by a Bench consisting of two members: Provided that any order, other than an order finally disposing of the case on merits, may be passed, evidence may be received and proceeding (except hearing of oral arguments for final disposal of the case) may be conducted by a single member.

(2.) SECTION 4-A (5) (b) provides that a reference of claim other than that referred to in clause (a) may be heard and finally decided by a Bench consisting of a single member.

(3.) MR. Amit Bose. learned counsel appearing on behalf of the petitioner submits that after the third Member of the Tribunal (Vice-Chairman Sri B. B. Agarwal) concurred with the opinion of another Member Shri R. N. Sharma, he could have not passed an order for nonpayment of back wages. He further submitted that after Vice-Chairman Sri B. B. Agarwal expressed his opinion that the claim petition ought to have been referred back to the Bench concerned for passing final order; but it was not done.