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TMI Blog2018 (9) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... he Petitioners can raise appropriate pleas and urge before this Court that they have not been dealt with fairly by the Settlement Commission. There is a uncalled for interference in judicial proceedings and none including the Chairman can direct a particular course of action to be taken or a particular order being passed in pending judicial proceedings. Thus, the out-come of judicial proceedings cannot be controlled in this manner. We keep open all such pleas of the Petitioners, despite their participation in the hearing before the larger Bench. In the event the final orders are adverse, then, amongst other grounds to challenge them, the Petitioners can raise appropriate pleas in relation to the impugned Communications. - Writ Petition (L) No. 2769 of 2018, with Writ Petition (L) No.2770 of 2018 - - - Dated:- 21-8-2018 - S.C. DHARMADHIKARI B.P. COLABAWALLA, JJ. Mr. R.V. Easwar, Senior Counsel a/w Mr. K. Gopal and Mr. Jitenddra Singh, for the Petitioner. Mr. N.C. Mohanty, for the Respondents. P. C.: The apprehension of the Petitioner in Writ Petition (L) No. 2769 of 2018 and Writ Petition (L) No. 2770 of 2018 is that they would not be treated fairly by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners, and which may have issues common to the issues of MAAD Realtors and M/s. Ahuja Builders, that a larger Bench of the Commission be set up to deal with the Petitioners' application. Promptly that application was granted. A larger Bench has been set up and the Petitioners are called upon to appear before that Bench. Though the Petitioners have appeared but they are not precluded from questioning this mode or manner of dealing with the cases for the basic tenet is that justice should not only to be done but seen to be done. Hence, these Writ Petitions be entertained and appropriate orders be passed, is the request of the learned Senior Counsel for the Petitioners. 4. In both the Petitions, Mr. Mohanty has appeared for the Respondents on notice from the Petitioners advocate and he states on instructions that it is erroneous to presume that the cases of MAAD Realtors and M/s Ahuja Builders are pending. They have been disposed of. There is nothing wrong if the Chairman visits Mumbai and peruses case papers in these disposed of matters including the final orders therein. That would have no bearing much less that would necessarily influence the out-come of the proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and invited the members for discussion in relation to some cases or related issues. It would be highly risky if such discussions in relation to judicial orders and judicial matters are held in a close-door meeting or in the privacy of the chambers of the members of the Settlement Commission. Eventually, the guarantee of justice is ensured when there are public hearings and open sittings. In judicial matters and proceedings of that nature, the discussion in open Court, after questioning the respective parties/their advocates or their representatives ensures not only fairness but purity and sanctity of Judicial process. It is not that everybody gets an opportunity to preside over as a Judge or Member of quasi judicial/judicial Commission. The more the power, the greater the responsibility. Here the power comes with a trust. Litigants and Parties trust the Judges and Members of judicial bodies and Commissions only because they are sure that they will not decide cases going by somebody's interference or influence. Members of Judicial bodies have to act without fear or favour, affection or illwill. They have to uphold the Constitution and the Laws. The guarantee or assurance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the civil services have a high commitment to the rule of law, regardless of covert commands and indirect importunities of bosses inside and outside government. Lord Chesham said in the House of Lords in 1958: He is answerable to law alone and not to any public authority. A suppliant, obsequious, satellite public service or one that responds to allurements, promotional or pecuniary is a danger to a democratic polity and to the supremacy of the rule of law. The courage and probity of the hierarchical election machinery and its engineers, even when handsome temptation entices or huffy higher power brow-beats, is the guarantee of electoral purity. To conclude, we are unhappy that such aspersions against public servants affect the integrity and morale of the services but where the easy virtue of an election official or political power-wielder has distorted the assembly-line operations, he will suffer one day. . 18. In a more direct and forthright pronouncement, the Hon'ble Supreme Court held [Pancham Chand and Ors. vs. State of Himachal Pradesh and Ors., reported in (2008) 7 SCC 117] that even highest political functionary, namely, the Chief Minister has no power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record to show that the Chief Minister in his capacity even as a Member of the Cabinet was authorized to deal with the matter of transport in his official capacity, he had even otherwise absolutely no business to interfere with the functioning of the Regional Transport Authority. The Regional Transport Authority being a statutory body is bound to act strictly in terms of the provisions thereof. It cannot act in derogation of the powers conferred upon it. While acting as a statutory authority it must act having regard to the procedures laid down in the Act. It cannot bypass or ignore the same. 20. Factual matrix, as indicated hereinbefore, clearly goes to show that the fourth respondent filed the application before the Chief Minister straightaway. Office of the Chief Minister communicated the order of the Chief Minister, not once but twice. Respondent 2 acted thereupon. It advised the Regional Transport Authority to proceed, after obtaining a proper application from respondent 4 in that behalf. This itself goes to show that prior thereto no proper application was filed before the Regional Transport Authority. Such an interference on the part of any authority upon whom the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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