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Issues involved: Whether the Administrative Member of the Central Administrative Tribunal could alone decide the case in light of the statutory requirement for constitution of benches.
Summary: - The Supreme Court addressed the issue of whether the Administrative Member of the Central Administrative Tribunal could decide a case alone, contrary to the statutory requirement. The Court referred to the importance of having both a Judicial Member and an Administrative Member on every bench to ensure legal expertise and practical experience are considered in adjudicating service matters. - The Court highlighted the statutory provision under Section 5(2) of the Administrative Tribunal Act, 1985, which mandates that every bench of the Tribunal must consist of a Judicial Member and an Administrative Member. Therefore, it was concluded that the Administrative Member alone could not have heard and decided the matter. - Consequently, the Court set aside the impugned order and remanded the matter to the Tribunal for disposal by a properly constituted bench as required by the statute. The Civil Appeal was accordingly disposed of with no order as to costs.
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