HC orders to send GRT’s in-charge chairman on leave

Ahmedabad: The Gujarat high court has directed the state govt to send the in-charge chairman of the Gujarat Revenue Tribunal (GRT) on administrative leave.
This happened after the HC was informed that the tribunal passed two "diametrically different" orders in one matter. According to the case details, two tenancy appeals were filed before the GRT against a common order passed by Anand's deputy collector in 1996 regarding land disputes in Khambhat.
Since the appeals were filed after a delay of 22 years, GRT rejected one appeal by saying that it did not contain a reason for the delay to be condoned.
However, the tribunal decided to hear the second appeal by condoning the delay, though there was no separate application made to seek pardon for the delay. These two decisions were challenged before the high court.
Justice Nikhil Kariel, in the order, stated, "To this court, it would appear that considerations with regard to condonation of delay should have weighed uniformly…"
The HC called upon the advocate general (AG) and brought these orders to his notice. The AG promised the HC that a decision would be taken in this regard in eight weeks as the matter is being considered at the highest level.
The HC on Monday quashed both the orders passed by the tribunal and asked its member to decide it afresh in three months. The court further said that if the tribunal's order was implemented by the revenue officials, there should be a status quo.
The HC order stated, "The state i.e. the secretary, revenue department shall also ensure that appropriate instructions to the in-charge chairman, Gujarat Revenue Tribunal, are issued before the end of the day, directing him to step down on administrative leave while the state takes an appropriate decision into his conduct as a chairman of the tribunal concerned."
The order further stated, "It is clarified at this stage that the legality and validity of the orders are under challenge before this court and inquiry by the state is whether it would behove a chairman of the quasi-judicial body like the Gujarat Revenue Tribunal to pass such orders, and whether a person who passes orders which are contrary to the settled proposition of law, contrary to decisions of the high court and the Supreme Court and passes orders, which are without any reasons whatsoever, should be permitted to continue on such a senior position."
As the state authorities are to take a decision in this regard, the HC stated further in its order, "It is further observed that all observations hereinabove are prima facie and whereas the same should not be treated as this court having finally opined as regards the conduct or competence of the member in question."