INDRAJEET ROY Vs. BANK OF BARODA

JUDGEMENT

(1.) This revision has been filed by the defendant against an order of the trial Court refusing his prayer to be examined on commission.

(2.) Defendant who was an advocate had been appointed to Government Service as the Judicial Member, State Administrative Tribunal constituted under the Administrative Tribunals Act, 1985. He made the application to be examined on commission on the ground that his attending Court to be examined as witness will be detrimental to the public service he renders as Judicial Member of the Administrative Tribunal.

(3.) Plaintiff-Bank raised objection to such prayer asserting- (i) a member of Administrative Tribunal is not exempted from appearing in Court; (ii) Defendant stands in the position of a plaintiff having filed counter claim and is required to be examined in Court; (iii) Absence of judicial member would not have any effect on working of the Tribunal for the days of his absence and as such there would be no detriment to public service; and (iv) Even if it is detrimental, Tribunal does not hold sittings on Saturdays and defendant can be examined on a Saturday in Court whereby the detriment if any can be avoided.