WP/40853/2014 of Andhra Pradesh Administrative Tribunal Advocates Association Vs The Union of India on 31 December 2014

THE HON'BLE SRI JUSTICE K.C.BHANUANDTHE HON’BLE MRS JUSTICE ANIS

WRIT PETITION No.40853 OF 2014

ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

This writ petition is filed seeking to issue a writ of Mandamusdeclaring the action of respondent Nos.5 and 6 in issuing notice, dated23.12.2014, as illegal and arbitrary; to declare that respondent No.5 isunfit to hold the judicial post of Chairman of the Andhra PradeshAdministrative Tribunal, Hyderabad (for short, “the Tribunal”) andfurther, to direct respondent Nos.1 and 3 to take appropriate action onthe representation, dated 26.12.2014, of the petitioner Association.

2. It is stated in the affidavit filed in support of the writ petition thatthe members of the petitioner Association could not access the causelist of the Tribunal of 24.12.2014, which is normally made available inthe website of the Tribunal on 23.12.2014, and saw a notice, dated23.12.2014, on the internet, which is reproduced as follows:

“Hon’ble The Chairman, Hon’ble Sri Deepak Kumar Panwar,Member (Adm.), Hon’ble Sri S.Sivaiah Naidu, Member (Judl) andHon’ble Sri K.Ratna Kishore, Member (Adm.) are not attending theTribunal on 24-12-2014 & 26-12-2014.

However, matters of urgent nature, if any, may be moved byway of House Motion before Hon’ble The Chairman at his Lordship’sOfficial Residence on 24.12.2014 & 26.12.2014.”

The Tribunal comprises of Hon’ble Chairman, four judicial membersand three administrative members and all of them availed leave on24.12.2014 and 26.12.2014 due of which the institution itself wasclosed down on 24.12.2014 and 26.12.2014 completely. Themembers of the petitioner Association went to the Tribunal on24.12.2014 and asked respondent No.6 as to how a judicial institutioncan be closed on working days and as to how respondent No.5, who admittedly was on leave, could take up judicial work by way of housemotion at his Lordship’s residence. The office of respondent No.6simply stated that notice was issued under the instruction ofrespondent No.5. The members of the petitioner Association protestedbefore the office of the Registrar about the closing down of the judicialinstitution. Though the Executive Committee Members of the petitionerAssociation tried to contact respondent No.5, respondent No.5 was notresponding. Therefore, an emergency meeting of the ExecutiveCommittee was convened on 24.12.2014 and a resolution was passedcondemning the action of respondent Nos.5 and 6. The petitionerAssociation also sent a complaint to His Excellency the Hon’blePresident of India and the Hon’ble Chief Justice of India on 26.12.2014as well as respondent Nos.1 and 2 by way of fax and registered post. Hence, the petitioner Association filed the present writ petition.

3. Heard.

4. By the impugned notice, statutory or constitutional right of thepetitioner Association has not been violated so as to issue amandamus. It is brought to the notice of this Court that the petitionerAssociation gave a representation on 26.12.2014 to respondent No.1with regard to the absence of all the members including the Chairman,of the Tribunal, on 24.12.2014 and 26.12.2014 thereby causing lot ofinconvenience. Therefore, respondent No.1 is directed to take adecision on the representation, dated 26.12.2014, of the petitionerAssociation in accordance with law. In the facts and circumstances ofthe case, we request the learned Chairman, Andhra PradeshAdministrative Tribunal, Hyderabad to see that all the members maynot be absent on any working day, atleast one member or Chairmanbe present on a working day and Chairman and all the members maynot apply for leave on any working day. We made this request forproper functioning of the institution. A litigant public cannot be made tosuffer.

5. Accordingly, the Writ Petition is disposed of. There shall be noorder as to costs. Miscellaneous Petitions, if any, pending in this WritPetition shall stand closed.

______________________

JUSTICE K.C.BHANU

_______________

JUSTICE ANIS

Date: 31.12.2014

AMD

THE HON'BLE SRI JUSTICE K.C.BHANU

AND

THE HON’BLE MRS JUSTICE ANIS

WRIT PETITION No.40853 OF 2014DATE: 31.12.2014

AMD