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prof s c pratihar (medical practitioner &legal studies)     16 October 2008

administrative tribunal Act

"the chairman, vice chairmanor any other member shal not be removed from his office except by an order made by thePresidenton the ground of proved misbehaviour or in capacity after an enquiry  made by Judge of Supreme court ."a chairman may be an ex high court judge.but here system differs so far procedure is concerned.High Court is not the Appeal court against the order or judgment passed by the Tribunal such as cat or sat etc.though in true sense it exerts the same power.High Court is the scrutiny authority.scrutiny is in judicial sense at a lower lavel than Review.this was held by Apex courtwhile settling the matter.am i correct? 


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 1 Replies

Murali Krishna (Govt..Employee)     17 October 2008

 Pl refer to l.Chandra kumar's case wherein a 7 member bench held that judicial review is a part of basic structure and it cannot be taken away and hence High Court's have the power of judicial review over judgements of Administrative Tribunals restored. 


As far as the question of removal of members of Tribunal is concerned, the issue is entirely different and unconnected tot he present issue.


 


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