TMI Blog2011 (4) TMI 1542X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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: 347A. Appellate Tribunal. - (1) The Central Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : (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 Tribunal shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, (2 of 1974). 5. From a perusal of the provisions of Section 347A and 347C, Sub-clause (7), it is clear that the said tribunal shall be manned by a person who is or has been a District Judge or an Additional District Judge or has, for at least ten years, held a judicial office in India [Section 347A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 High Court was whether an appeal from an order of the Appellate Tribunal constituted under the aforesaid two Acts can be heard and decided by the Administrator. The term Administrator has been defined under Section 2(1) of the said Act as follows: Section 2 - Definitions.- In this Act, unless the context otherwise requires,--(1) Administrator means the Lieutenant Governor of the National Capital Territory of Delhi; 11. Under Section 2(1) of the NDMC Act, the te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ...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 which is a party to the proceeding before the Administrative Tribunal and which contests the claim of the public servant who comes before the Administrative Tribunal seeking redress of his grievance against the State Government, would have the ultimate authority to uphold or reject the determination of the Administrative Tribunal.... Such a provision is, to say the least, shocking and is clearly subversive of the principles of justice. (See page 368) 15. This Court further explained that ...Now if the exercise of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 counsel for the third Respondent also wanted to support the impugned judgment by relying on the Constitution Bench decision of this Court in the case of Harinagar Sugar Mills Ltd., v. Shyam Sunder Jhunjhunwala and Ors. AIR 1961 SC 1669. In that case the issue raised was that of a company's power to refuse registration of transfer of share. On the refusal to register the transfer of shares, the aggrieved party has two remedies for seeking relief under the Companies Act. One was to apply to the Court for rectificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ative 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 Lieutenant Governor thereon shall be final. (3) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Lieutenant Governor thereon shall be final. 24. By referring to the aforesaid two provisions, the learned Counsel argued that the Administrator, who is none other than the Lieutenant Governor, has no connection with the State and is totally independent. Therefore, when he hears the appeal, he does it as an independent appellate authority. This Court is unable to accept the aforesaid contention. It is not suggested for a moment that the Administrator, who is th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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