Proper constitution of Administrative Tribunal Benches requires both Judicial and Administrative Members for valid adjudication of service matters.

Part XIVA of the Constitution and the Administrative Tribunals Act, 1985 require service matters before the Tribunal to be decided by a duly constituted Bench. Sections 4 and 5 contemplate Bench-based exercise of jurisdiction, and each Bench must consist of one Judicial Member and one Administrative Member unless the statute provides otherwise. On that scheme, an Administrative Member acting alone was not competent to hear and decide the matter. The impugned order was therefore set aside and the matter remanded for fresh disposal by a properly constituted Bench.

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Issues: Whether the Administrative Member of the Central Administrative Tribunal could alone decide the service matter, or whether the Tribunal was required to be constituted by a Judicial Member and an Administrative Member.

Analysis: Part XIVA of the Constitution, inserted by the 42nd Amendment, empowered Parliament to create Administrative Tribunals and to exclude the jurisdiction of courts except under Article 136. The Administrative Tribunals Act, 1985, especially Sections 4 and 5, provided that the Tribunal exercises its jurisdiction through Benches and that each Bench shall consist of one Judicial Member and one Administrative Member. In the absence of any contrary provision, the statutory scheme made the presence of both members mandatory. A decision rendered by the Administrative Member alone did not satisfy the requirement of a properly constituted Bench.

Conclusion: The Administrative Member alone could not hear and decide the matter, and the impugned order was set aside with a remand to the Tribunal for fresh disposal by a duly constituted Bench.

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