Judicial Somersault?
ONE Technical Member observed, "After consistently holding that the GD Builders decision is not per incuriam and is a good law, that too, after making the present reference, can the Tribunal take a different view now and perform a judicial somersault?
The frequent change of views by the Tribunal only adds to the uncertainty and might impact the institutional integrity. I find that there are no changes in circumstances either by way of any retrospective change in law or a decision of a higher authority warranting a change in view. I should make it clear that it is not my intention to embarrass anyone, least of all my brother Members, all of whom I hold in high esteem. My only object is to place a note of caution that we should not be hasty in drawing conclusions/passing orders which has the effect of upsetting the settled positions in law, which are, in any case, under challenge and consideration before the highest court of the land. In my humble view, not only the legality but also the propriety of rendering a decision is equally important and should weigh.”
This Member also apologized for his lengthy order, " I am sorry that the complexity and multiplicity of issues involved has made this order somewhat lengthy but I could not have done justice to the issues placed for consideration without a proper discussion." His order ran into about 16000 words.