Coordinate Bench discipline requires reference to a larger Bench before departing from earlier Tribunal law

Judicial discipline requires a coordinate Bench of the Tribunal to follow an earlier coordinate Bench ruling on the same issue unless the matter is referred to a larger Bench; the Tribunal erred in departing from that view without such reference. Where jurisdiction and merits are intertwined and the record is insufficiently developed, the matter requires fuller examination. The dispute was therefore remitted to the Tribunal for decision by a larger Bench on jurisdiction first and, if maintainable, on merits thereafter, with liberty to file additional documents.

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Issues: (i) whether a coordinate Bench of the Tribunal could depart from an earlier coordinate Bench decision without referring the matter to a larger Bench; (ii) whether the Tribunal had jurisdiction to entertain the challenge and, if so, whether the matter required reconsideration on merits.

Issue (i): whether a coordinate Bench of the Tribunal could depart from an earlier coordinate Bench decision without referring the matter to a larger Bench.

Analysis: Judicial discipline requires that a Bench of equal strength follow an earlier coordinate Bench decision unless the matter is placed before a larger Bench. A coordinate Bench cannot overrule or disregard an earlier declaration of law merely because it prefers a different view.

Conclusion: The Tribunal acted in proceeding contrary to the earlier coordinate Bench view instead of making a reference to a larger Bench.

Issue (ii): whether the Tribunal had jurisdiction to entertain the challenge and, if so, whether the matter required reconsideration on merits.

Analysis: The scope of jurisdiction depended on whether the dispute fell within the statutory concept of service matters and on the legal effect of the secondment and promotion policies. The record before the Tribunal was not sufficiently thrashed out, and the relevant documents and competing contentions on jurisdiction, accrued rights, discrimination, and retrospective effect required fuller examination.

Conclusion: The matter had to be remitted to the Tribunal for decision by a larger Bench on jurisdiction first and, if maintainable, on merits thereafter.

Final Conclusion: The impugned order was set aside and the dispute was sent back for fresh adjudication by a larger Bench, with liberty to place additional documents.

Ratio Decidendi: A coordinate Bench must not depart from an earlier coordinate Bench ruling on the same issue except by reference to a larger Bench, and where jurisdiction and merits are intertwined on an insufficient record, remand for reconsideration by a larger Bench is appropriate.

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