Administrative tribunal

01.       Administrative tribunal

A body constituted by the State (sovereign authority) to exercise jurisdiction in respect of matters arising out of the republic, or of any statutory public authority, invested with some judicial function of the State.

02.       Emergence

The emergence of Administrative Tribunals is associated with the concept and practice of administrative adjudication of disputes between the executive organ of the state and those of the bureaucracy on the one hand, and citizens and non-government entities on the other.

03.       Definition

Durga Shankar Mehta v. Raghuraj Siongh, AIR 1954 sc 520

The expression Administrative Tribunal not mean the same thing as ‘Court’ but includes, within its ambits, all adjudicating bodies, provided they are constituted by the State and are invested with judicial as distinguished from executive functions.

04.       Distinctions with ordinary court

• Though have some similarities, Administrative Tribunal has some of the trappings of the court but not all
• It is a special agency created by State under separate statute

05.       Constitutional provisions

Article 117.  Administrative Tribunals

(1) Notwithstanding anything hereinbefore contained, Parliament may be law establish one or more administrative tribunals to exercise jurisdiction in respect of matter relating to or arising out of-  

(a) the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishment;

(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and management of, and service in any nationalized enterprise or statutory public authority;

(c) any law to which clause (3) of article 102 applies.

(2) Where any administrative tribunal is established under this article, no court shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribunal: Provided that Parliament may, by law, provide for appeals from, or the review of, decisions of any such tribunal.

Article 102 (5)

No writ lies against the decision of the administrative tribunal mentioned in article117, or military tribunal

06.       Administrative Tribunal Act, 1980 (Act VII of 1981).

Article 117 of the Constitution of Bangladesh sanctions the setting up of Administrative Tribunals. Administrative Tribunals in Bangladesh owe their existence to the Administrative Tribunals Act, 1980 (Act VII of 1981). The specific purpose of the Act is to establish Administrative Tribunals to exercise jurisdiction in respect of matters relating to the terms and conditions of persons in the service of the republic.

07.       Commencement

The Act has come into force on 1^st February 1981 by a notification in the official gazette (gazette No. 23 of 1982).

08.       Establishment of Administrative Tribunal

Section 3.   Establishment of Administrative Tribunal

• Govt. may establish one or more Administrative Tribunals at any Place in Bangladesh and specify its jurisdictions by notification in the official gazette  

• It Consist of one member who is or has been a district judge

• The government determines the terms and conditions of appointment.

09.       Jurisdiction of Ad Tribunal

Section 4.   Jurisdictions

• Exclusive jurisdiction to hear and determine application made by any person in the service of the republic in respect of terms and condition of his service

• Any person (also include retired / suspend) if aggrieved by any service related action taken against him

• Defence services and BDR is not under its jurisdiction

10.       Administrative Appellate Tribunal

Section- 5. Establishment of Administrative Appellate Tribunal

• Govt. may establish one or more Administrative Appellate Tribunal at any Place in Bangladesh and specify its jurisdictions by notification in the official gazette

• Such notification establishing the Administrative Appellate Tribunal was issued on 22 August 1983.

• It is consist of a Chairman and two other members

• The Chairmen is or has been or is qualified to be a judge of the Supreme Court or a officer not bellow the rank of additional secretary

• Other members – either joint secretary or district judge

• The government determines the terms and conditions of appointment of the members.

11.       Jurisdiction of Ad Appellate Tribunal

Section 6.   Jurisdictions

• The jurisdiction of the appellate tribunal extends to hearing and determining appeals from any order or decision of the Administrative Tribunal;

• Any person aggrieved by an order or decision of an Administrative Tribunal may, within two months from the date of making of the order or decision, prefer an appeal;

• The Administrative Appellate Tribunal may confirm, set aside, vary or modify any order or decision of the Administrative Tribunal;

• The order passed by the Administrative Appellate Tribunal is final ;

• No court shall take any case decided by it.

12.       Mujibur Rahaman v. Bangladesh,  44 DLR ,AD, 1992, 111

• Mujibur Rahaman, collector of custom was being compulsorily retired from service in 1986;

• Administrative Tribunal set aside the order;

• Administrative Appellate Tribunal set aside the decision of the Administrative Tribunal;

• Mujibur Rahaman filed writ of certiorari to the High Court.

• High Court rejected it

13.       Arguments for the petitioner

• The constitution is silent about the Administrative Appellate Tribunal;

• ‘Such Tribunal’ usedin article 117(2) means only the Administrative Tribunal, not Administrative Appellate Tribunal;

• Article 102(5) bars writ against the decision of Administrative Tribunal;

• Establishment of Administrative Appellate Tribunal is under the plenary legislative power of the parliament under article 65, not by article 117;

• So it is a court subordinate to the Supreme Court in view of article 114;

• In every matter, the Supreme Court should have a last say.

14.       The judgement

• Administrative Tribunals are not subordinate to the Supreme Court because of the nonobstante clause it starts with (Notwithstanding anything hereinbefore contained);

• No writ is done against the decision of the Administrative Appellate Tribunal;

• Yes, the Supreme Court should have the last say;

• No bar to go to the Appellate Division of the Supreme Court.

15.       Conclusion

• In every service related case, a servant of the republic must at first go to the Administrative Tribunal then exhaust appeals;

• Even if his fundamental rights is violated by any service related action he have to go to the Ad Tribunal first;

• Administrative Tribunal can give him the remedy;

• Any person aggrieved by an order or decision of an Administrative Tribunal may appeal to the Administrative Appellate Tribunal;

• Any person aggrieved by an order or decision of an Administrative Appellate Tribunal may go to the Appellate Division of the Supreme Court;