ASHOK KUMAR YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) WHEN complex situations arise and emergencies and exigencies usher in, not only immediate diagnosis is required but a peremptory treatment becomes absolutely indispensable, in a way, irrefragably inevitable.

(2.) THE factual matrix of the present case frescoes a picture which is not a welcome thing in the realm of litigation inasmuch as a welfare State has the bounden duty and sacrosanct obligation to see that when a forum is created proper arrangements are made so that the litigants do not face difficulties. Similarly, it is imperative when a forum is abolished by law. In the case at hand, a Notification was issued by the Government of India on 17-4-2003 abolishing the Madhya Pradesh Administrative Tribunal with immediate effect. Thereafter the State Government issued an Ordinance on 12-5-2003. Clause 3 of the said Ordinance reads as under :-"

(3.) (1) Any plaint or other proceeding which was transferred by any Civil Court and is pending on the appointed day before the Tribunal shall stand transferred back to the same Civil Court from which it was transferred and in case such Court is not in existence then to the Court of competent jurisdiction in its place and such Court shall proceed to dispose off the same as if it were plaint under the Code of Civil Procedure, 1908 (No. 5 of 1908 ).