SC Notice To Centre & State Govt On Abolition Of Odisha Administrative Tribunal

New Delhi: The Supreme Court has issued notice to Odisha and Central governments on abolition of the Odisha Administrative Tribunal and directed to file the response in 8 weeks.

Hearing an appeal filed by Orissa Administrative Tribunal Bar Association against the Orissa high court order that upheld the notification issued by the Department of Personnel and Training of the Central government on August 2, 2019 which abolished the Tribunal, a three-judge bench of the apex court comprising Justices L Nageswara Rao, Sanjiv Khanna and B R Gavai issued the notice on Wednesday.

The appellant contended that the Centre had issued the notification under Section 21 of the General Clauses Act, 1897 (GCA). But the Administrative Tribunals Act, 1985 implicitly does not allow exercise of such power, it added.

When the state government’s contention that the Tribunal did not serve the purpose of delivery of speedy justice to litigants was challenged in the high court, the latter supported the government stand as it found sufficient material in this regard.

The petitioner appealed to the Supreme Court to set aside the high court verdict which upheld the illegal and arbitrary decision of the state government.

The apex court has issued the notice to the Ministry of Personnel, Public Grievances and Pension, Odisha government and others.