- (1.) Special leave granted.
(2.) This matter has two aspects involved in it - firstly, the question as to whether a single member of the central Administrative tribunal set up under the Administrative Tribunals Act, 1985, has jurisdiction to dispose of matters coming before the tribunal under the Act - a question which has been referred by a two-Judge bench to a larger bench and the second, a controversy between the parties which centres round the order of transfer of the appellant. We do not propose to finally dispose of the second aspect and would leave it to the tribunal to deal with it in the manner which we shall presently indicate,
(3.) Turning to the first aspect, it would be necessary to refer to the relevant provisions of the Act. Section 5 deals with composition of the tribunal and benches thereof. Section 5 (1, (2 and (6 provide : "5.(1 Each tribunal shall consist of a Chairman and such number of Vice-Chairman (and Judicial and Administrative Members) as the appropriate government may deem fit and, subject to the other 403 provisions of this Act, the jurisdiction, powers and authority of the tribunal may be exercised by benches thereof. (2 Subject to the other provisions of this Act, a bench shall consist of one Judicial Member and one Administrative Member. (6 Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other member authorised by the Chairman in this behalf to function as (a bench) consisting of a single Member and exercise the jurisdiction, powers and authority of the tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may by general or special order specify : provided that if at any stage of the hearing of any such case or matter it appears to the Chairman or such Member that the case or matter is of such a nature that it ought to be heard by a bench consisting of (two Members) the case or matter may be transferred by the Chairman or, as the case may be, referred to him for transfer to, such bench as the chairman may deem Fit. ";