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1996 DIGILAW 978 (SC)

State of M. P. through Collector, Indore (M. P. ) v. Ghanshyam

1996-04-22

B.P.JEEVAN REDDY, K.S.PARIPOORNAN

body1996
ORDER : B.P. Jeevan Reddy, J. 1. Delay condoned. 2. Leave granted. 3. Service upon the respondent is complete. No one appears. 4. In our opinion, it was improper, above all, for the learned Single Member to have reviewed the orders pronounced by a Bench of the Tribunal. The original petition filed by the respondent was dismissed by a Bench of the Tribunal after hearing him. The respondent then filed a review petition. On the ground that the appointment of the other Member was quashed, and that he was the only Member left, the Chairman of the Tribunal heard the review petition and allowed it and set aside the judgment of the Bench. 5. As we have stated above, propriety demanded that he should have waited till the other Member was available and then he should have heard it. There was no particular urgency to hear the review petition by the Single Member. In this view of the matter, we need not go into the question whether the Single Member was competent in law to hear and dispose of the review petition, sitting singly. 6. Accordingly, the order under appeal is set aside and this appeal is allowed. No costs. Appeal allowed.