SC upholds HC decision to abolish Odisha Administrative Tribunal

Biswajeet Swain Published On : Mar 21, 2023 at 2:07 PM

New Delhi/ Bhubaneswar: The Supreme Court today upheld the abolition of the Orissa Administrative Tribunal (OAT) by the Central Government.

A bench headed by Chief Justice DY Chandrachud quashed the challenge to the decision by the OAT Bar Association.

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“We hold that abolition of Orissa Administrative Tribunal (OAT) was constitutionally valid. Article 323A (dealing with Administrative tribunals) does not preclude the Union of India to abolish state administrative tribunals. The decision to abolish the tribunal is not violative of Article 14 of the Constitution,” the apex court said.

The Supreme Court was hearing an appeal filed by the OAT Bar Association challenging an order of the Orissa High Court that upheld Central Government’s notification which abolished the OAT.

“Central government was correct to invoke Section 21 of General Clauses Act to rescind the decision to set up the tribunal. Decision to abolish the tribunal is not violative of Article 14 of the Constitution,” the Supreme Court held.

“There is violation of reasonable classification. High Court was already hearing the cases which were before OAT. The failure of the Centre to conduct a judicial impact assessment does not vitiate the decision to abolish the OAT,” it said.