Rojer Mathew vs South Indian Bank Limited and Ors.

Court

Supreme Court of India

Date

7 May 2018

Case No.

Special Leave Petition (Civil) No. 15804 of 2017

Bench

Adarsh Kumar Goel, Indu Malhotra

Citation

[2018] 4 S.C.R. 407 : 2018 INSC 456

Headnote

Administration of Justice – Access to justice – Concept of Tribunals – Restructuring of Tribunal system – Effective and autonomous oversight body for all the Tribunals – Issues that require consideration are: (i) Creation of a regular cadres laying down eligibility for recruitment for Tribunals – (ii) Setting up of an autonomous oversight body for recruitment and overseeing the performance and discipline of the members so recruited and other issues relating thereto – (iii) Amending the scheme of direct appeals to Supreme Court so that the orders of Tribunals are subject to jurisdiction of the High Courts – (iv) Making benches of Tribunals accessible to common man at convenient locations instead of having only one location at Delhi or elsewhere – In the alternative, conferring jurisdiction on existing courts as special courts or Tribunals – These issues require urgent setting up of a Committee required, preferably of three members, one of whom must be retired judge of Supreme Court who may be served in the Tribunal – Such committee can have interaction with all stakeholders and suggest a mechanism consistent with the constitutional scheme and also in the light of recommendations of expert bodies – This exercise must be taken in time bound manner – Matter listed on 10.5.2018. R..K.. Jain v. Union of India (1993) 4 SCC 119 : [1993]

3 SCR 802 ; L. Chandra Kumar v. Union of India (1997)

3 SCC 261 : [1997] 2 SCR 1186 ; Union of India v. R. Gandhi, President Madras Bar Association

(2010) 11 SCC 1 : [2010] 6 SCR 857 ; Madras Bar Association v. Union of India (2014) 10 SCC 1 : [2014] 10 SCR 1 ; Madras Bar Association v. Union of India (2015) 8 SCC 583 : [2015] 6 SCR 638 ; Gujarat Urja Vikas Nigam Limited v. Essar Power Limited (2016) 9 SCC 103 : [2016] 5 SCR 101 – relied on.

The following Order of the Court was passed : ORDER 1. Restructuring of Tribunal System in the light of constitutional scheme as interpreted in decisions of this Court and the Expert Studies is the issue for consideration. Concept of Tribunals was evolved to decongest the court system and to provide speedy and inexpensive justice. Separation of powers and independence of judiciary are the constitutional concepts which have to be followed in setting up of Tribunals. Functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice. 2. In R.K. Jain vers

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