{"id":17971,"date":"2018-02-10T13:23:46","date_gmt":"2018-02-10T07:53:46","guid":{"rendered":"http:\/\/itatonline.org\/archives\/?p=17971"},"modified":"2018-02-10T13:23:46","modified_gmt":"2018-02-10T07:53:46","slug":"kudrat-sandhu-vs-uoi-supreme-court-appointment-of-tribunal-members-under-new-rules-interim-directions-issued-regarding-the-method-for-selection-of-tribunal-members-and-their-terms-and-period-of-appoi","status":"publish","type":"post","link":"https:\/\/itatonline.org\/archives\/kudrat-sandhu-vs-uoi-supreme-court-appointment-of-tribunal-members-under-new-rules-interim-directions-issued-regarding-the-method-for-selection-of-tribunal-members-and-their-terms-and-period-of-appoi\/","title":{"rendered":"Kudrat Sandhu vs. UOI (Supreme Court)"},"content":{"rendered":"

The validity of the \u2018Tribunals, Appellate Tribunals and Other Authorities (Qualifications, Experience And Other Conditions of Service of Members) Rules, 2017<\/a>‘ has been challenged in the Supreme Court. The Supreme Court is required to examine whether the Rules, which seek to appoint the Members of the Tribunal for a limited period, and which make the appointment and removal of the Members the sole prerogative of the Government, is valid in law<\/p>\n

The following interim order has been passed by the Supreme Court: <\/p>\n

We have heard learned counsel for the petitioners and Mr. K.K. Venugopal, learned Attorney General for India. <\/p>\n

In the course of hearing, suggestions for an interim order in respect of Central Administrative Tribunal have been filed. The suggestions read as follows: <\/p>\n

\u201c1. Staying the composition of Search-cum-Selection Committee as prescribed in Column 4 of the Schedule to the Tribunal, Appellate Tribunal and Other Authorities (Qualification, experience and other conditions of service of members) Rules, 2017 both in respect of Chairman\/Judicial Members and Administrative Members. A further direction to constitute an interim Search-cum- Selection Committee during the pendency of this W.P. in respect of both Judicial\/Administrative members as under: <\/p>\n

a. Chief Justice of India or his nominee – Chairman b. Chairman of the Central Administrative Tribunal – Member c. Two Secretaries nominated by the Government of India – Members <\/p>\n

2. Appointment to the post of Chairman shall be made by nomination by the Chief Justice of India. <\/p>\n

3. Stay the terms of office of 3 years as prescribed in Column 5 of the Schedule to the Tribunal, Appellate Tribunal and other Authorities (Qualification, experience and other conditions of service of members) Rules, 2017. A further direction fixing the term of office of all selectees by the aforementioned interim Search-cum- Selection Committee and consequent appointees as 5 years. <\/p>\n

4. All appointments to be made in pursuance to the selection made by the interim Search-cum-Selection Committee shall be with conditions of service as applicable to the Judges of High Court. <\/p>\n

5. A further direction to the effect that all the selections made by the aforementioned interim selection committee and the consequential appointment of all the selectees as Chairman\/Judicial\/Administrative members for a term of 5 years with conditions of service as applicable to Judges of High Court shall not be affected by the final outcome of the Writ Petition.\u201d <\/p>\n

Mr. Venugopal, learned Attorney General has submitted that he has no objection if the suggestions, barring suggestion nos.4 and 5, are presently followed as an interim measure. On a query being made whether the said suggestions shall be made applicable to all tribunals, learned Attorney General answered in the affirmative. <\/p>\n

He would, however, suggest that suggestions nos.4 and 5 should be recast as follows: <\/p>\n

\u201c4. All appointments to be made in pursuance to the selection made by the interim Search-cum-Selection Committee shall abide by the conditions of service as per the old Acts and the Rules. <\/p>\n

5. A further direction to the effect that all the selections made by the aforementioned interim selection committee and the consequential appointment of all the selectees as Chairman\/Judicial\/Administrative members shall be for a period as has been provided in the old Acts and the Rules. <\/p>\n

In view of the aforesaid, we accept the suggestions and direct that the same shall be made applicable for selection of the Chairpersons and the Judicial\/Administrative\/Technical\/Expert Members for all tribunals. <\/p>\n

List after twelve weeks along with W.P.(C)Nos.120 of 2012; 267 of 2012. <\/p><\/blockquote>\n

See also: Ex Chief Justice & Eminent Legal Luminaries Slam Move By Govt To Curb Independence Of Tribunals<\/a> <\/div>\n","protected":false},"excerpt":{"rendered":"

All appointments to be made in pursuance to the selection made by the interim Search-cum-Selection Committee shall abide by the conditions of service as per the old Acts and the Rules. A further direction to the effect that all the selections made by the aforementioned interim selection committee and the consequential appointment of all the selectees as Chairman\/Judicial\/Administrative members shall be for a period as has been provided in the old Acts and the Rules<\/p>\n

Read more ›<\/a><\/div>\n

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