iminal Appeal No 103 of 1956
H J Umrigar and R H Dhebar for the appellant
The sole question arising for determination is whether on the facts and circumstances of the case the High Court was correct in holding that the act of the respondent complained of constituted an offence under section 228 of the Indian Penal Code and the jurisdiction of the High Court was therefore ousted by reason of the provision of section 32 of the 
The High Court in coming to this conclusion appears to have relied on two decisions of the Supreme Court 1952 SCR 425 and The facts in the two Supreme Court cases were quite different and they do not in any way justify the view taken by the High Court
It will be my submission that the allegations made in the so called transfer application as also the affidavit are of such a serious nature that they are not a mere personal insult to the Magistrate but go far beyond they scandalise the Court in such a manner as to create distrust in the minds of the public and pollute the stream of justice and in such cases the jurisdiction of the High Court is not ousted Reads out portions of the transfer application and the affidavit in support
From a perusal of the extracts which have been read it will be seen that the aspersions made against the Magistrate are of a very serious nature alleging criminal conspiracy and also that he had taken a bribe of Rs 500 from the opposite side
So far as the offence under section 228 of the Indian Penal Code is concerned the first essential ingredient is that there must be an  intention  to insult
In the affidavit filed in the High Court in reply to the 1370 show cause notice the respondent had stated that there was no intention to insult or show disrespect to the Magistrate
Imam J I cannot agree with that the language used in the application and affidavit is such that intention to insult was clearly there That may be true but there are several earlier decisions of the Allahabad High Court which have been referred to in the case relied upon by the High Court Narotam Das vs The Emperor AIR 1943 All
97 wherein it was held that where scandalous allegations were incorporated in a transfer application there was not necessarily an intention to insult as the primary object was to seek a transfer and not to insult the Court
So far as the decisions are concerned they support my contention that when scandalous allegations are made against a Magistrate in a transfer application they would not necessarily constitute an offence under section 228 of the Indian Penal Code and could be punished by the High Court
In ILR 1941 Nagpur 304 the Judge who was seized of the case made a complaint to the High Court about a letter sent to him by one of the parties and it was there held that the sender of the letter could be punished for Contempt of Court by the High Court
It is true that there is no discussion about
228 of the Indian Penal Code but in the course of the judgment the case of Emperor vs Jagnath Prasad Swadhiry ILR 1938 All
548 was mentioned
In the Allahabad case a person during the pendency of a suit sent communications by post to the Judge containing scandalous allegations
It appears that it was urged that section 228 of the Indian Penal Code would bar the jurisdiction of the High Court under section 32 of the Contempt of Courts Act 1926 but this contention was repelled and the High Court stated that its jurisdiction to punish for contempt was not ousted
Reference was also made to ILR 12 Patna I and ILR 12 Patna 172
I submit that where the allegations made go beyond 1371 mere personal insult and tend to bring the whole administration of justice into disrepute then the juris diction of the High Court would not be ousted by section 32 of the Act
In a case where there is only an insult to the Judge by using vulgar abuse such as  rogue or rascal  and this abuse was made  ex facie curiae  then it may be said that the jurisdiction of the High Court is ousted as the offence falls within the purview of section 228 of the Indian Penal Code
Das J Also if the abuse relates to the private life of the Judge such as calling him a drunkard or imputing some immorality to him unconnected with his judicial duties I agree
In the instant case the Magistrate must have been fully conscious of the powers possessed by him under section 228 of the Indian Penal Code as also the relevant provisions in the Criminal Procedure Code which permit him to punish for Contempt of Court yet he presumably must have felt that the aspersions made in the present case were so grave as to transcend mere personal insult and as such it was a fit case to be referred to the High Court for taking necessary action
In conclusion it is submitted that the view taken by the High Court is much too narrow
and cannot be supported either in principle or by the authorities cited
J B Dadachanji and section N Andley for the respondent
The view taken by the High Court is correct and is in accordance with the judgments of the Supreme Court in the cases reported in 1952 SCR and 1953 SCR
If the act complained of intentionally offers a personal insult to the Magistrate concerned it may tend to undermine the administration of justice thereby but it will nevertheless amount to an offence under section 228 of the Indian Penal Code and as such the jurisdiction of the High Court will be ousted by section 32 of the Act
It is unsound to say that there are two kinds of contempt and the lesser kind of contempt will come under section 228 of the Indian Penal Code and the grosser kind will not come under section 228  every insult to a Court whatever its nature is contempt and punishable under section 228 of the Indian Penal Code
1372 Kapur J
Every insult to a Judge will not necessarily be a contempt
A libel attacking the integrity of a Judge may not in the circumstances of a particular case amount to a contempt at all although it may be the subject matter of a libel proceeding Das J
It appears that there is a further difficulty in your way that is whether the Magistrate was sitting in any stage of a judicial proceeding when the application and the affidavit were filed if he was not then one of the essential ingredients of section 228 of the Indian Penal Code was not satisfied The High Court has assumed that the Magistrate was sitting as a Court at that time and this was also borne out by the facts stated in the petition for special leave to appeal filed by the appellant wherein it is stated  the application having been presented during the sitting of the Court was clearly calculated to lower the dignity of the Court in the public mind 
Section 480 of the Code of Criminal Procedure specifically mentions section 228 of the Indian Penal Code and treats it as a form of contempt therefore it will be an offence of contempt punishable under the Indian Penal Code and as such the jurisdiction of the High Court would be ousted under section 32 of the Act
I submit that the view taken by the High Court is the correct view and is supported by the two decisions of the Supreme Court as also the judgment of the Bombay High Court in Bom
Umrigar in reply
During the course of discussion doubts have arisen whether there was any intention to insult or whether what was said was an insult or whether the insult was offered in any stage of a judicial proceeding
If any one of these three essentials is lacking then obviously there is no offence under section 228 of the Indian Penal Code
Where there is so much doubt as to whether an offence under section 228 of the Indian Penal Code has been committed or not and there is no doubt that  prima facie  a Contempt of Court apart from the provisions of section 228 has been committed it is wrong to say that the jurisdiction of the High Court is ousted
1373 I submit that the case relied upon by the High Court Narotam Das vs Emperor A 1
R 1943 All 97 correctly lays down the law so far as the question of intention  is concerned
September 24
The Judgment of the Court was delivered by section K DAS J
This is an appeal by special leave from the judgment and order of the then Madhya Bharat High Court dated February 9 1955 in Criminal Miscellaneous Application No 2 of 1954
Originally the appeal was filed on behalf of the State of Madhya Bharat now substituted by the State of Madhya Pradesh
The appeal raises an important question with regard to the interpretation of section 32 of the XXXII of 1952 hereinafter referred to as the Act which repealed the earlier Contempt of Courts Act 1926 XII of 1926 as also the Indore Contempt of Courts Act V of 1930 which was earlier in force in the State of Madhya Bharat
The facts so far as they are relevant to this appeal are these
One Ganga Ram stated to be the landlord of the respondent Revashankar instituted a suit which was numbered as 1383 of 1952 in the court of the Additional City Civil Judge Indore for ejectment and arrears of rent against Revashankar
It was stated that the suit was filed in the name of Ganga Ram and his wife Chandra Mukhi Bai
It was further alleged that one Mr Uma Shankar Chaturvedi a lawyer acting on behalf of Ganga Ram advised the latter to sign the name of his wife Chandra Mukhi Bai though Chandra Mukhi Bai herself did not sign the plaint or the vakalatnama
In this suit Chandra Mukhi Bai filed an application for permission to prosecute her husband for forgery
Another application was filed by certain other persons said to be other tenants of Ganga Ram in which some allegations were made against Revashankar
On June 29 1953 Revashankar filed a complaint against five persons for an alleged offence under section 500 Indian Penal Code
This complaint was verified on July 13 1953 and was registered as Criminal Case No 637 of 1953 in the court of one 1374 Mr N K Acharya Additional District Magistrate Indore
In that case one Mr Kulkarni appeared on behalf of the complainant Revashankar
The accused persons appeared on August 8 1953 through Messrs Mohan Singh and Uma Shankar Chaturvedi
An objection was raised on behalf of the accused persons to the appearance of Mr Kulkarni as the latter s name appeared in the list of witnesses
This was followed by a spate of applications and counter applications and on October 12 1953 the learned Additional District Magistrate passed an order to the effect that the copies of the applications as well as of the affidavits filed by both parties should be sent to the District Judge for necessary action against the lawyers concerned
In the meantime a criminal case was started against Revashankar in the court of the Additional City Magistrate Circle No 2 for an alleged offence under section 497 Indian Penal Code
The case was started on the complaint of Ganga Ram
That case was numbered as 644 of 1953
We then come to the crucial date namely December 17 1953
On that date Revashankar filed an application in the court of the Additional District Magistrate who was in seizin of Criminal Case No 637 of 1953
The application purported to be one under section 528 Code of Criminal Procedure
This application contained some serious aspersions against the Magistrate Mr N K Acharya
The aspersions were summarised by the learned Judges of the High Court under the following four categories
The first aspersion was that from the order dated October 12 1953 it appeared that Mr N K Acharya wanted to favour Mr Uma Shankar Chaturvedi
The second aspersion was that from certain opinions expressed by the Magistrate Revashankar asserted that he was sure that he would not get impartial and legal justice from the Magistrate
The third aspersion was of a more serious character and it was that the Magistrate had a hand in a conspiracy hatched by Messrs Mohan Singh and Uma Shankar Chaturvedi regarding certain ornaments of Chandra Mukhi Bai with the object of involving Revashankar and his brother Sushil Kumar in a false case of theft of ornaments
The fourth aspersion was that Mr Uma 1375 Shankar Chaturvedi had declared that he had paid Rs 500 to the Magistrate through Ganga Ram
These aspersions were later repeated in an affidavit on December 21 1953
On January 11 1954 the learned Magistrate reported the aforesaid facts to the Registrar of the Madhya Bharat High Court and prayed for necessary action against Revashankar for contempt of court
On this report the High Court directed the issue of notice to Revashankar to show cause why action should not be taken against him under the and Criminal Miscellaneous Application No 2 of 1954 was accordingly started against Revashankar
On March 3 1954 Revashankar showed cause
The case was then heard by a Division Bench consisting of V R Newaskar and section M Samvatsar JJ
and by an order dated February 9 1955 the learned Judges held that by reason of the provisions in section 32 of the Act the jurisdiction of the High Court was ousted inasmuch as the act complained of constituted an offence under section 228 of the Indian Penal Code
The question for consideration in the present appeal is if the aforesaid view of the High Court is correct
Mr H J Umrigar who has appeared on behalf of the appellant has very strongly submitted before us that the High Court has erred in holding that the act of the respondent complained of constituted an offence under section 228 Indian Penal Code and the jurisdiction of the High Court was therefore ousted by reason of the provisions in section 32 of the Act
It is necessary to read first section 32 of the Act
We may state here that the corresponding section in the earlier Contempt of Courts Act 1926 was section 23 and in the judgment under consideration there is some confusion as to the correct number of the sub section
Section 32 of the Act is in these terms   No High Court shall take cognizance of a contempt alleged to have been committed in respect of a Court subordinate to it where such contempt is an offence punishable under the Indian Penal Code Act XLV of 1860
 175 1376 The sub section was considered in two decisions of this Court Bathina Ramakrishna Reddy vs The State of Madras 1 and Brahma Prakash Sharma vs The State of Uttar Pradesh 2
In the earlier case of Ramakrishna Reddy 1 the appellant was the publisher and managing editor of a Telugu Weekly known as  Praja Rajyam 
In an issue of the said paper dated February 10 1949 an article appeared which contained defamatory statements about the stationary sub Magistrate Kovvur and the point for consideration was if the jurisdiction of the High Court to take cognisance of such a case was expressly barred under section 23 of the earlier Contempt of Courts Act when the allegations made in the article in question constituted an offence under section 499 Indian Penal Code
On behalf of the appellant it was argued that what the subsection meant was that if the act by which the party was alleged to have committed contempt of a s subordinate court constituted offence of any description whatsoever punishable under the Indian Penal Code the High Court was precluded from taking cognizance of it
This argument was repelled and this Court said at page 429  In our opinion the sub section referred to above excludes the jurisdiction of High Court only in cases where the acts alleged to constitute contempt of a subordinate court are punishable as contempt under specific provisions of the Indian Penal Code but not where these acts merely amount to offences of other description for which punishment has been provided for in the Indian Penal Code
This would be clear from the language of the sub section which uses the words  where such contempt is an offence  and does not say  where the act alleged to constitute such contempt is an offence 
On an examination of the decisions of several High Courts in India it was laid down that the High Court had the right to protect subordinate courts against contempt but subject to this restriction that cases of contempt which have already been provided for in the Indian Penal Code should not be taken cognizance of 1  2 1377 by the High Court
This it was stated was the principle underlying section 23 of the Contempt of Courts Act 1926
This Court then observed that it was not necessary to determine exhaustively what were the cases of contempt which had been already provided for in the Indian Penal Code it was pointed out however that some light was thrown on the matter by the provision of section 480 of the Code of Criminal Procedure which empowers any civil criminal or revenue court to punish summarily a person who is found guilty of committing any offence under sections 175 178 179 180 or section 228 of the Indian Penal Code in the view or presence of the court
The later decision of Brahma Prakash Sharma 1 explained the true object of contempt proceedings
Mukherjea J who delivered the judgment of the Court said at page 1 176   It would be only repeating what has been said so often by various Judges that the object of contempt proceedings is not to afford protection to Judges personally from imputations to which they may be exposed as individuals it is intended to be a protection to the public whose interests would be very much affected if by the act or conduct of any party the authority of the court is lowered and the sense of confidence which people have in the administration of justice by it is weakened 
It was also pointed out that there were innumerable ways by which attempts could be made to hinder or obstruct the due administration of justice in courts and one type of such interference was found in cases where there was an act which amounted to  scandalising the court itself  this scandalising might manifest itself in various ways but in substance it was an attack on individual Judges or the court as a whole with or without reference to particular cases causing unwarranted and defamatory aspersions upon the character and ability of the Judges
Such conduct is punished as contempt for the reason that it tends to create distrust in the popular mind and impair the confidence of the people in the courts which are of prime importance to the litigants in the protection of their rights and liberties
1 1378 Bearing the aforesaid principles in mind let us now examine the case under consideration
The High Court expressed the view that the act of the respondent complained of merely amounted to an offence under section 228 Indian Penal Code
Nevaskar J said  It appears to me that the application though it was stated to be an application for transfer was intended to offend and insult the Magistrate
A man s intention can be judged by the nature of the act he commits
The application directly and in face attributes partiality and corruption to the Magistrate
It was not an application made bona fide to a court having jurisdiction to transfer the case from that Court to some other Court
It was an application thrown in the face of the Magistrate himself
The action is no better than telling the Magistrate in face that he was partial and corrupt
The allegations in the application no doubt are insulting to the Magistrate and he felt them to be so and at the time the application was submitted on 17th December 1953 when he was sitting as a Court and dealing with the case of the opponent  Thus since I hold that the opponent intended to offer insult to the Magistrate concerned there is no doubt that the act would fall within the purview of section 228 Indian Penal Code and this Court will be precluded from taking action for the contempt committed before the Court of the Magistrate by reason of section 23 of the Contempt of Courts Act 
The other learned Judge also expressed the same view in the following words  The subordinate Courts can sufficiently vindicate their dignity by proceeding against the offenders under the provisions of criminal law in such cases
Legislature has deemed it proper to exclude such cases from the jurisdiction of the High Court under section 23 of the Contempt of Courts Act
This however does not mean that High Court s jurisdiction is excluded even in cases where the act complained of which is alleged to constitute contempt is otherwise an offence under the Indian Penal Code The question to be considered in this case is 1379 whether the act complained of is punishable as contempt under any one of the specific provisions of the Indian Penal Code
In other words whether it falls under any one of the sections 175 178 179 180 or 228 of the Indian Penal Code  If the act complained of constitutes an offence under any of these sections it can be dealt with by the subordinate Court itself under section 480 of the Criminal Procedure Code and the High Court will have no power to take cognizance of it under the Contempt of Courts Act
 We are of the opinion that the learned Judges were wrong in their view that prima facie the act complained of amounted to an offence under section 228 Indian Penal Code and no more
We are advisedly saying prima facie because the High Court did not go into the merits and we have no desire to make any final pronouncement at this stage on the merits of the case
Section 228 Indian Penal Code is in these terms  Whoever intentionally offers any insult or causes any interruption to any public servant while such public servant is sitting in any stage of a judicial proceeding shall be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both The essential ingredients of the offence are 1 intention 2 insult or interruption to a public servant and 3 the public servant insulted or interrupted must be sitting in any stage of a judicial proceeding
In the present case there is an initial difficulty which has been pointed out to us
The respondent was sought to be proceeded against by reason of the aspersions he made in the application dated December 17 1953 and the affidavit dated December 21 1953
It is not very clear from the record if the learned Magistrate was sitting in any stage of a judicial proceeding when the application and the affidavit were filed
The High Court no doubt says that the Magistrate was sitting as a court at the time but there is no reference to the particular work judicial or otherwise which the 1380 Magistrate was doing at the time
The practice as to the filing of applications and affidavits varies from court to court and in some courts applications and affidavits are filed within stated hours before the reader or the bench clerk they are so filed even when the Judge or Magistrate is in chamber or preoccupied with some administrative duties
So far as the present case is concerned it is not at all clear from the record as placed before us as to what was the judicial work which the learned Magistrate was doing when the application and affidavit were filed
If he was not doing any judicial work at the relevant time then the third essential ingredient mentioned above was not fulfilled and the act complained of would not amount to an offence under section 228 Indian Penal Code
We are not however basing our decision on the mere absence of materials to show what particular judicial work the learned Magistrate was doing when the application dated December 17 1953 and the affidavit dated December 21 1953 were filed
If that were the only infirmity the proper order would be to ask for a finding on the question
Our decision is based on a more fundamental ground
Learned counsel for the parties have taken us through the applica tion dated December 17 1953 and the affidavit dated December 21 1953
The aspersions made therein prima facie showed that they were much more than a mere insult to the learned Magistrate  in effect they scandalised the Court in such a way as to create distrust in the popular mind and impair the confidence of people in Courts
Two of the aspersions made taken at their face value were 1 that the learned Magistrate had joined in a conspiracy to implicate the respondent in a false case of theft
In the affidavit it was stated that the learned Magistrate had sent for the respondent and his brother and had asked them to make a false report to the police that the ornaments of Chandra Mukhi Bai had been stolen
The learned Magistrate characterised the aspersion as totally false and said that he neither knew the respondent nor his brother and had no acquaintance with them
Another aspersion was that the Magistrate had taken a bribe 1381 of Rs 500
This aspersion was also stoutly denied
We must make it clear here that at this stage we are expressing no opinion on merits nor on the correctness or otherwise of the aspersions made
All that we are saying is that the aspersions taken at their face value amounted to what is called scandalising the court itself manifesting itself in such an attack on the Magistrate as tended to create distrust in the popular mind and impair the confidence of the people in the courts
We are aware that confidence in courts cannot be created by stifling criticism but there are criticisms and criticisms
 The path of criticism  said Lord Atkin in Ambard vs Attorney General for Trinidad and Tobago 1  is a public way The wrongheaded are permitted to err therein provided that members of the public abstain from imputing improper motives to those taking part in the administration of justice and are genuinely exercising a right of criticism and not acting in malice or attempting to impair the administration of justice they are immune 
If therefore the respondent had merely criticised the Magistrate no notice need have been taken of such criticism as contempt of court whatever action it might have been open to the Magistrate to take as an aggrieved individual but if the respondent acted in malice and attempted to impair the administration of justice the offence committed would be something more than an offence under section 228 Indian Penal Code
Learned counsel for the respondent has contended before us that as soon as there is an element of insult in the act complained of section 228 Indian Penal Code is attracted and the jurisdiction of the High Court to take cognizance of the contempt is ousted
We are unable to accept this contention as correct
Section 228 deals with an intentional insult to a public servant in certain circumstances
The punishment for the offence is simple imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both
Our attention has been drawn to the circumstance that under section 4 of 1 1936 A C322 335
1382 the Act the sentence for contempt of court is more or less the same namely simple imprisonment for a term which may extend to six months
The fine is a little more and may extend to two thousand rupees
Section 4 of the Act contains a proviso that the accused person may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court
We do not however think that a similarity of the sentence in the two sections referred to above is a real test
The true test is is the act complained of an offence under section 228 Indian Penal Code or is it something more than that  If in its true nature and effect the act complained of is really  scandalising the court  rather than a mere insult then it is clear that on the ratio of our decision in Ramakrishna Reddy s case1 the jurisdiction of the High Court is not ousted by reason of the provision in section 32 of the Act
Mr Umrigar has urged a further point in this connection and has contended that for an offence under section 228 Indian Penal Code the insult must be an intentional insult
The first essential requirement of the offence according to him is that the insult must be offered intentionally
He has pointed out that the application which the respondent filed purported to be an application under section 528 Criminal Procedure Code and though it is difficult to see how that section applied in the present case the intention of the respondent was not to insult the Magistrate but merely to state the Circumstances in which the respondent was praying for a transfer of the case
Mr Umrigar has pointed out that in the reply which the repondent gave to the notice issued from the High Court he said that he had no intention to insult or show disrespect to the learned Magistrate
Mr Umrigar has further submitted that the decision in Narotam Das vs Emperor 2 on which the learned Judges of the High Court relied where in somewhat similiar circumstances it was held that section 228 Indian Penal Code applied does not correctly lay down the law
In that case Yorke J observed that it would be a matter for 1  2 AIR 1943 All 97
1383 consideration in each individual case how insulting the expressions used were and whether there was any necessity for the applicant to make use of those expressions in the application which he was actually making to the court
While we agree that the question of intention must depend on the facts and circumstances of each case we are unable to accept as correct the other tests laid down by the learned Judge as finally determinative of the question of intention
In two earlier decisions of the same High Court in Queen Empress vs Abdullah Khan1 and Emperor vs Murli Dhar 2 it was held that where an accused person made an application for transfer of the case pending against him and inserted in such application assertions of a defamatory nature concerning the Magistrate who was trying the case there was no intention on the part of the applicant to insult the court but the intention was merely to procure a transfer of the case
We do not think that any hard and fast rule can be laid down with regard to this matter
Whether there is an intention to offer insult to the Magistrate trying the case or not must depend on the facts and circumstances of each case and we do not consider it necessary nor advisable to lay down any inflexible rule thereto
Taking the aspersions made by the respondent in the application dated December 17 1953 and the affidavit dated December 21 1953 at their face value we have already expressed the view that they amounted to something more than a mere intentional personal insult to the Magistrate they scandalised the court itself and impaired the administration of justice
In that view of the matter section 32 of the Act did not stand in the way and the learned Judges of the High Court were wrong in their view that the jurisdiction of the High Court was ousted
We accordingly allow the appeal and set aside the order of the High Court dated February 9 1955
In our view the High Court had jurisdiction to take cognizance of the act complained of and the case must 1 176 2 1916 38 All
1384 now be decided by the High Court on merits in accordance with law
It is only necessary to add that the act complained of was committed as far back as 1953 and it is desirable that the case should be dealt with as expeditiously as possible
Appeal allowed


Summary:
The appellantspetitioners filed Writ Petitions before the High Court against the termination of their services as Lekhpals in the State of Uttar Pradesh
The High Court did not entertain the petitions on the ground that alternate relief was available before the UP Public Services Tribu nals set up under UP Act 17 of 1976
Hence the appeals by special leaveWrit Petitions
Disposing of the appealspetitions this Court HELD 11 The Services Tribunal set up under the UP Act No 1776 should be withdrawn and an appropriate tribu nal under the Central should be set up
Such a Tribunal is deemed to be one in terms of Article 323A of the Constitution
When set up it would take away High Court s jurisdiction in regard to service disputes and function as its substitute
It would have plenary powers to deal with every aspect of the dis pute
This would be in accord with the current thinking on this subject matter at different levels
173E F G 12 A cursory analysis of year wise institution penden cy and disposal of cases between 1977 and 1984 before the Public Services Tribunal shows that while institutions have sizeably fallen or remained more or less constant there has been rapid fall in the disposal of cases even though there has been increase in strength of Tribunals and only 50 to 60 of the institutions are being attended to which cer tainly would lead accumulation to mount up
These aspects require to be noticed seriously
174F H 172 13 Since the disputes require judicial handling and the adjudication being essentially judicial in character an adequate number of judges of the appropriate level should man the Services Tribunals
This would create appropriate temper and generate atmosphere suitable in n adjudicatory Tribunal and the institution as well would command he requi site confidence of the disputants
175B C SP Sampath Kumar vs Union of India  Ors  referred to
14 State of Uttar Pradesh territorially is the second largest State India but populationwise comes first
Almost every part of the State well advanced and service litigation in such setting is likely to arise everywhere
Therefore to locate the seat of the Tribunals at the State capital is not appropriate
Keeping in view the accepted philosophy that justice should be taken to everyone s doors State Govern ment would consider increasing the number of Benches and locating them at various sectors or depending upon the number of institution of disputes and pendency at the level of independent Commissionerate or by clubing two or three of them together
The location of Benches would inquire further examination at administrative level
but definitely the tribunals should be available in different parts of the State and all the benches of the Tribunal should not be located at one place
175E H 176A The decision of the High Court in each of the cases is set aside and e dispute transferred to the Services Tribunal for disposal within six months
173C D