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Section 25 of The Administrative Tribunals Act, 1985

1[25. Power of Chairman to transfer cases from one Bench to another.--On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.]

Summary

The Chairman has the authority to move a legal case from one Bench of the Tribunal to another.
This transfer can happen if one of the people involved in the case (a party) asks for it.
If a party asks for a transfer, the Chairman must give notice to all other parties involved.
The Chairman must also hear any of the parties who wish to be heard before making the decision.
The Chairman also has the power to move a case on their own initiative without anyone asking.
When the Chairman moves a case on their own initiative, they do not have to provide notice to the parties first.

Practical examples

1Suman has a case in the Mumbai Bench, but all her witnesses are now in Delhi. She applies to the Chairman on October 5, 2024, to move the case. The Chairman notifies the government, hears both sides, and agrees to move it to the Delhi Bench.

2The Chairman notices that the Kolkata Bench is overwhelmed with cases while the Cuttack Bench is free. On November 20, 2024, the Chairman moves 50 cases to the Cuttack Bench on his own motion to speed up justice.

FAQ

1. Who has the power to transfer a case?

Only the Chairman of the Tribunal has this specific power under Section 25.

2. Do I have to give a reason if I want my case moved?

Yes, you would make an application, and the Chairman would decide after hearing the parties.

3. Can the Chairman move my case even if I don't want him to?

Yes, the Chairman can move a case "on his own motion" without needing an application from you.

4. Will I get a notice if the Chairman decides to move the case himself?

No, the law says he can move it on his own motion "without such notice."

Test yourself

Q1.Under Section 25 of The Administrative Tribunals Act, 1985, who is authorized to transfer a case from one Bench to another?

Q2.According to Section 25 of The Administrative Tribunals Act, 1985, what is required if a party to a case applies for a transfer?

Q3.Under Section 25 of The Administrative Tribunals Act, 1985, can the Chairman transfer a case without anyone asking him to do so?

Q4.If the Chairman decides to transfer a case under Section 25 of The Administrative Tribunals Act, 1985, where can the case be sent?

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