RAS BIHARI MOHAPATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Justice delayed is justice denied, and If the cause of delay is absence of Presiding Officers of the Court or Tribunal, the situation becomes still more alarming and critical is the main refrain in this writ application filed by an Advocate - of the Orissa High Court. Though the prayer on a surfacial reading appears to be very innocuous, several aspects of seminal importance are involved which need elaborate consideration, as recital of the factual position would indicate.

(2.) ORISSA Administrative Thribunal (in short. 'Tribunal') was constituted on the Administrative Tribunals Act, 1985 (in short, 'the Act)coming into force. The object of enactment of the Act was to provide for adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of Government of India or any Corporation or Society owned or controlled by the Government in pursuance of Article 323A of the Constitution of India, 1950 (in short, 'the Constitution'), and for matters connected therewith or incidental thereto. The establishment of the Administrative Tribunals under Article 323 was found imperative as a large number of cases relating to service matters were pending before various Courts. The expectation was that establishment of such Administrative Tribunals to deal exclusively with service matters would go a long way in not only reducing the burden of the various Courts, and thereby giving them more time to deal with other cases expeditiously, but would also provide to the persons covered by the Tribunals speedy relief in respect of their grievances.

(3.) NO counter -affidavit has been filed by the State. When the matter was taken up for disposal, learned Advocate -General appeared for the State and submitted that necessary steps are being taken to avoid the impasse created by non -filling up of the posts. He, however, fairly stated that the Tribunal has failed to achieve its objectives not only because of non -filling up of the posts of Vice -Chairman/Members, but also because of procedural wrangles. Many senior Members of the Bar sought for our permission to assist the Court in the sensitive matter, and to highlight many aspects which according to them have nexus with effective functioning of the Tribunal. We have heard them at length and pursuant to the direction given on 24 -4 -1996 memorandums have been filed by many learned counsel and copies of the same have been exchanged.