TaxTMI 
TaxTMI 
2011 (4) TMI 1542
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....Sessions Judge was appointed the Presiding Officer of the MCD/NDMC Appellate Tribunal in terms of Sub-sections (1) and (2) of Section 347 of the said Act. His appointment was made for deciding appeals preferred under Section 343 or Section 347B of the said Act. Shri B.S. Mathur was appointed in Appellate Tribunal to hear and dispose of all appeals from the order passed by the Zonal Engineer (Buildings) of the respective zones of Municipal Corporation of Delhi and that of New Delhi Municipal Council. However, the grievance of the Appellant is that orders of the Appellate Tribunal are appealable before the Administrator of Delhi i.e. Lt. Governor under Section 347D of the said Act. The main grievance in the public interest litigation is when an appeal is decided by an Appellate Authority which is manned by a Judge of the Civil Court, appeal from the decision of such authority cannot be heard and by an executive authority, however high such executive authority may be. 3. In order to appreciate this controversy it is necessary to consider the relevant statutory provisions. The provision for constitution of an Appellate Tribunal under Section 347A of the said Act are as follows: &....
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....ddition to the powers conferred on it under this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely: (a) summoning and enforcing the attendance of persons and examining them on oath; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; and (f) any other matter which may be prescribed by rules, and every proceeding of an Appellate Tribunal in hearing or deciding an appeal or in connection with execution of its order, shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196, of the Indian Penal Code (45 of 1860), and every Appellate Tribu....
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....made in an appeal under Section 343 or Section 347B, confirming, modifying or annulling an order made or notice issued under this Act. (2) The provisions of Sub-sections (2) and (3) of Section 347B and Section 347C and the rules made there under, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under those sections. (3) An order of the Administrator on an appeal under this section, and subject only to such order, an order of the Appellate Tribunal under Section 347B, and subject to such orders of the Administrator or an Appellate Tribunal, an order or notice referred to in Sub-section (1) of that section, shall be final. 9. Similarly, under Section 256 of the NDMC Act, appeal also lies to the Administrator. Both the sections, namely, Section 347D of the said Act and Section 256 of the NDMC Act are couched in similar terms. Under both the Acts, the jurisdiction of the Civil Court has been barred; vide Section 347E of the said Act and Section 257 of the NDMC Act. 10. The main question which was raised in the writ petition moved before the Hi....
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....o exercise jurisdiction with respect to the matters mentioned in sub Clauses (a), (b) and (c). Clause (5) however, subjected the decision of the said administrative tribunal to the confirmation of the State Government. The Court held it as violative of the principle of 'rule of law', insofar it placed the power of reviewing the decision of a quasi judicial tribunal in the hands of the executive which according to this Court, contravened the principle of judicial review. This Court said: ...The State Government is given the power to modify or annul any order of the Administrative Tribunal before it becomes effective either by confirmation by the State Government or on the expiration of the period of three months from the date of the order.... It will thus be seen that the period of three months from the date of the order is provided in Clause (5) in order to enable the State Government to decide whether it would confirm the order or modify or annul it. Now almost invariably the State Government would be a party in every service dispute brought before the Administrative Tribunal and the effect of the proviso to Clause (5) is that the State Government whi....
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....he decision of such an authority amounts to a decision which is given in accordance with the principles of natural justice and such proceedings are quasi judicial in nature. This Court also accepted that even though the status of the customs officer who adjudicates under Section 167(12A) and Section 183 of the Act is not that of the tribunal, that does not make a difference when the matter reaches the stage of appeal and revision. On the basis of such reasoning, this Court held that when such disputes are decided by appellate or revisional authority, it becomes a tribunal within the meaning of Article 136 of the Constitution and such tribunals being invested with the judicial power of the State are required to act judicially and that they are tribunals within the meaning of Article 136 of the Constitution. 18. In the instant case, the issue is totally different. Here the issue is whether an order passed by a quasi judicial authority, which has the trappings of a civil court, can be reviewed by an administrative authority. Therefore, the ratio in Indo-China Steam Navigation Company (supra) does not support the case of the Union of India. 19. Mr. Nagendra Rai, learned senior co....
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....strator thereof appointed under Article 239 shall be designated as the Lieutenant Governor. 23. In this connection, we can also refer to the provision of Government of National Capital Territory of Delhi Act, 1991, namely, Section 41 and particularly Section 41(3). Section 41 runs as under: 41. Matters in which Lieutenant Governor to act in his discretion. (1) The Lieutenant Governor shall act in his discretion in a matter- (i) which falls outside the purview of the powers conferred on the Legislative Assembly but in respect of which powers or functions are entrusted or delegated to him by the President; or (ii) in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions. (2) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is by or under any law required to act in his discretion, the decision of the Lie....