ROJER MATHEW versus SOUTH INDIAN BANK LIMITED AND ORS

ROJER MATHEW versus SOUTH INDIAN BANK LIMITED AND ORS

The Court provisionally approves the concept of establishing an effective and autonomous oversight body for all Tribunals, recommends creation of a regular cadre for Tribunal appointments, advocates amendments to the direct appeal scheme to Supreme Court in favor of High Court jurisdiction, and calls for Tribunal Benches at convenient locations to ensure access to justice.

Parties
Petitioner: Rojer Mathew; Respondents: South Indian Bank Limited and Ors
Jurisdiction
India
Judgment Date
07 May 2018
Procedural Posture
Special Leave Petition (civil) / Interlocutory Order
Outcome
Interlocutory directions for further action; matter not finally disposed.
Legal Topics
Restructuring of Tribunals, Access to Justice, Oversight of Tribunal System, Judicial Independence
Constitutional Law Judicial Administration Restructuring of Tribunals Access to Justice Oversight of Tribunal System Judicial Independence

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Parties

Rojer Mathew

Petitioner

South Indian Bank Limited and Ors

Respondents

Procedural Posture

Special Leave Petition (civil) / Interlocutory Order

Legal Issues

  1. 1 Need for restructuring the Tribunal system consistent with the constitutional scheme
  2. 2 Creation of regular cadres laying down eligibility for recruitment for Tribunals
  3. 3 Establishment of an autonomous oversight body for recruitment and discipline

Ratio Decidendi

The Court provisionally approves the concept of establishing an effective and autonomous oversight body for all Tribunals, recommends creation of a regular cadre for Tribunal appointments, advocates amendments to the direct appeal scheme to Supreme Court in favor of High Court jurisdiction, and calls for Tribunal Benches at convenient locations to ensure access to justice.

Court Disposition

Interlocutory directions for further action; matter not finally disposed.

Orders

  • Committee of three members (including a retired Supreme Court judge who has served in a Tribunal) to be formed to interact with stakeholders and suggest mechanism consistent with constitutional scheme and recommendations of expert bodies; exercise to be undertaken in a time bound manner.
  • Matter listed for further consideration on 10th May, 2018.