CHANDRAPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONER who is an Executive Engineer in the Public Works Department, has filed this appeal under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, calling in the question certain observations made by the Madhya Pradesh Arbitration Tribunal, Bhopal in para 18 of its award passed in Reference Case No. 03/2009 on 6.8.2013 and the directions issued to the State Government to look into the matter on the administrative side. Learned counsel for the petitioner raised two submission. The first submission was that while exercising jurisdiction under Section 7 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, the Tribunal does not have power to make any such observation and to issue any direction in the matter of taking action against a person, it is said that the observations made by the tribunal is unsustainable, as the Tribunal can only decide the disputed claim. The second ground canvassed was that the observation was made without hearing the petitioner and in violation to principles of natural justice.

(2.) SHRI S.M. Lal, learned counsel for the State refuted the aforesaid and submitted that the observations and directions issued is under Section 17(A) of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, which grants inherent power to the Tribunal and submits that if any loss prima facie is found to have been caused to the State Exchequer inherent power is available to the Tribunal to make the observation and recommend for action to be taken by the State Government. Accordingly he submits, that there is no error in the observations and directions made by the Tribunal.

(3.) AS far as the contention advanced by the learned counsel for the petitioner that while answering the reference under Section 7 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, the Tribunal is not empowered to go into any other area of adjudication, we are of the view that Section 17 -A of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 gives inherent power to the Tribunal to pass such appropriate orders as it may deem fit in the interest of justice. The Tribunal can very well use its inherent power to take action against such officers who are found to have erred in the matter. In the present case, Tribunal exercised its power under Section 17 -A of the Act and therefore, with regard to the first ground raised by the petitioner, we see no error in the matter.