STATE OF MAHARASHTRA Vs. CHHAYA

JUDGEMENT

(1.) DELAY condoned. Learned counsel for the petitioner refers to section 5 sub -section (4) sub -clause (a) of the Administrative Tribunals Act, 1985 and submits that the Chairman, who is otherwise a Judicial Member, can act as an Administrative Member also. The said provision reads as follows :

(2.) N our opinion, the aforesaid submission of the learned counsel is not correct. The Chairman may be a Judicial Member or an Administrative Member. All that this sub -clause permits is that the Chairman can function at more than one Benches. This provision obviously had to be included in order to enable the Chairman to function at different places when he goes on tour. This provision does not enable the Judicial Member to act as an Administrative Member or vice versa. If the Chairman is a person who was an Administrative Member, then under section 5(4) (a) if he goes to another Bench he can sit on that Bench as an Administrative Member, but certainly not as a Judicial Member. The same will be true with regard to the Chairman who is a Judicial Member.