Section 24 of the Administrative Tribunals Act, 1985 - Conditions as to Making of Interim Orders

Section 24 of the Administrative Tribunals Act, 1985 regulates when a Tribunal may grant an interim order, including an injunction, stay or other temporary relief, in proceedings relating to an application before the Tribunal.

In brief: As a general rule, interim relief cannot be granted unless the opposite party has received copies of the application and supporting documents and has been given an opportunity of hearing. The Tribunal may depart from these requirements only as an exceptional measure, for recorded reasons, where necessary to prevent loss that cannot be adequately compensated by money.

What is Section 24 of the Administrative Tribunals Act, 1985?

Section 24 is part of Chapter IV of the Administrative Tribunals Act, 1985, which deals with procedure before Administrative Tribunals. It places procedural safeguards on the grant of interim orders and balances urgent protection for an applicant with the right of the affected party to receive notice and be heard.

For this provision, an interim order means a temporary order made while the main application is still pending. It may take the form of a stay, injunction or another temporary direction intended to preserve rights or prevent immediate prejudice until the Tribunal considers the matter further.

Section 24 - Conditions as to Making of Interim Orders

Section 24 provides, in substance, that:

Despite anything contained elsewhere in the Act or in any other law in force, an interim order in proceedings relating to an application is ordinarily not to be made unless:

copies of the application and all documents supporting the request for interim relief are furnished to the party against whom the application is made or proposed to be made; and
that party is given an opportunity to be heard.

The proviso permits the Tribunal, as an exceptional measure, to dispense with those requirements and grant interim relief where it records reasons in writing and is satisfied that such relief is necessary to prevent loss to the applicant that cannot be adequately compensated in money.

Such an exceptional interim order, unless vacated earlier, ceases to operate after fourteen days from the date of the order unless the notice and hearing requirements are complied with within that period and the Tribunal continues the interim order.

Essential Conditions Before Grant of Interim Relief

1. Service of the application and supporting documents

The applicant seeking interim relief should ordinarily furnish the opposite party with a copy of the application and the documents relied upon in support of the interim request. This requirement is intended to ensure that the affected party knows the case and material on which temporary relief is sought.

2. Opportunity of hearing

The affected party should ordinarily receive an opportunity to be heard before the Tribunal makes an interim order. This reflects the basic procedural principle that a party should not normally be subjected to an adverse judicial order without an opportunity to respond.

3. Exceptional urgent relief

The Tribunal may grant interim relief without first completing the above requirements only as an exceptional measure. The Tribunal must record reasons in writing and must be satisfied that immediate relief is necessary to prevent loss that cannot be adequately compensated in money.

4. Fourteen-day statutory limit

An exceptional interim order does not continue indefinitely merely because it was initially granted. If it is not vacated earlier, it ceases to have effect after fourteen days unless the statutory requirements are complied with before that period expires and the Tribunal expressly continues the order.

Practical Effect of Section 24

The normal rule is notice and hearing before interim relief.
Urgent ex parte relief is an exception, not the ordinary procedure.
Reasons for bypassing prior notice and hearing must be recorded in writing.
The urgency must relate to loss that cannot be adequately compensated by money.
An exceptional order has a built-in fourteen-day limit unless the statutory procedure is completed and the Tribunal continues it.

Important: Section 24 should be read together with the other procedural provisions of the Administrative Tribunals Act, 1985 and the applicable Tribunal procedure. The exact relief available in a particular service matter depends on the facts, pleadings, jurisdiction and orders passed by the Tribunal.

Related Provisions of the CAT Act, 1985

The following provisions may also be relevant when dealing with applications and procedure before Administrative Tribunals: