The petitioner had filed contempt petition on the ground that the ACC placed reliance on certain reports and feedback obtained subsequent to the recommendations of the Search cum selection commission (SCSC) none of which have been placed before SCSC and further, 19 persons were yet to be appointed and 19 new vacancies have since arisen as a result 38 vacancies remained unfiled in the Tribunal. Court held that when Search cum selection commission (SCSC) recommended 41 persons for appointment as members of Tribunal and Appointments Committee of Cabinet (ACC) after considering said recommendations selected only 22 persons by placing reliance on certain reports and feedback which were not placed before SCSC, since all inputs bearing on candidature of each prospective applicant for post of Tribunal member under consideration, ought to be placed on record of SCSC, before recommendations are formulated and in exceptional cases where certain material comes to light after submission of recommendations, that must also be drawn to attention of SCSC so as to enable it to consider whether any modification of its recommendations is necessary. The proceedings listed before the Court on 1 July 2022.(CP (C)No.708 of 2021, WP No. 502 of 2021 dt 17-5-2022)
Advocate Association Bengaluru v. Anoop Kumar Mendiratta (2022) 288 Taxman 8 (SC).
S. 252 : Appellate Tribunal-Members-Qualification-Appointment of Members Contempt-Not appointing the members of the Tribunal-Recommendations of the Search cum selection commission-Before recommendations are formulated and in exceptional cases where certain material comes to light after submission of recommendations, that must also be drawn to attention of SCSC so as to enable it to consider whether any modification of its recommendations is necessary. [Tribunals Reforms Act, 2021, S. 3]