Police Officers (Special Provisions)
Ordinance (84 of 1976)
authority under P.O. (S.P) Order
Even the appellate authority that is the
Government cannot be said to be exercising any part of IL judicial power of the
State. Such appellate authority does not come within the ambit of sub—article
(5) of Article 102 and is not a
tribunal within the meaning of Art.
102(5) of the constitution.
Vs. Dhirendra Nath Sarker and others
(1982) 34 DLR (AD) 173.
mentioned in Police Officers (S.P)’ Ordinance are not a tribunal — Police
Officers of sated rank — Invoking of writ jurisdiction.
Vs. Dhirendra Nath Sarkar and others (1982) 34 (AD) 173.
—The Authorities specified in the second and
third columns of the Schedule to the Police Officers (S.P) Ordinance, 1976
cannot be treated as “tribunals” exercising judicial or even quasi—judicial
—Authorities mentioned in the Police
Officers1 (S.P) Ordinance do not possess any power to act judicially but are
mere administrative or executive bodies.
— “Authority” mentioned in the Police
Officers Ordinance is a tribunal. Its decision is immune from challenge under
Article 102 of the Constitution. Ibid.
—Police Officers (Special Provisions)
0rdinance, 1976—Restriction as regards invoking Fundamental rights. Ibid.
The word ‘tribunal’ has been used
in the Police Officers Ordinance more in the nature of an administrative
tribunal than in the nature of a Court. Ibid.