STATE OF MAHARASHTRA AND ORS. versus CHHAYA AND ORS.

Section 5(4)(a) only permits the Chairman to function at different Benches; it does not allow a Judicial Member to act as an Administrative Member or vice versa.

Parties: Petitioner: State of Maharashtra and Ors.; Respondent: Chhaya and Ors.
Jurisdiction: India
Judgment Date: 09 April 1999
Procedural Posture: Special Leave Petition (civil) / Supreme Court Decision
Outcome: Petition dismissed
Legal Topics: Administrative Tribunals Act, Bench Composition, Judicial Member Vs Administrative Member

Administrative Law Administrative Tribunals Act Bench Composition Judicial Member Vs Administrative Member

Case Brief

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 1

Parties

State of Maharashtra and Ors.

Petitioner

Chhaya and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision

Legal Issues

1 Scope of Section 5(4)(a) of the Administrative Tribunals Act, 1985 regarding the Chairman's functions on Benches

Ratio Decidendi

Section 5(4)(a) only permits the Chairman to function at different Benches; it does not allow a Judicial Member to act as an Administrative Member or vice versa.

Court Disposition

Petition dismissed

Orders

Delay condoned
Special leave petition is dismissed