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Kudrat Sandhu v. Union Of India & Anr

Kudrat Sandhu v. Union Of India & Anr

(Supreme Court Of India)

Writ Petition(s)(Civil) No(s).279/2017 | 09-02-2018

1. We have heard learned counsel for the petitioners and Mr. K.K. Venugopal, learned Attorney General for India.

2. In the course of hearing, suggestions for an interim order in respect of Central Administrative Tribunal have been filed. The suggestions read as follows :

“1. 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-cumSelection Committee during the pendency of this W.P. in respect of both Judicial/Administrative members as under:

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

2. Appointment to the post of Chairman shall be made by nomination by the Chief Justice of India.

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-cumSelection Committee and consequent appointees as 5 years.

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.

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.”

3. 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.

4. He would, however, suggest that suggestions nos.4 and 5 should be recast as follows :

“4. 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.

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."

5. 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.

6. List after twelve weeks along with W.P.(C)Nos.120 of 2012; 267 of 2012.

7. T.P.(C)No.1990 of 2017 stands disposed of in terms of the signed order.

Advocate List

  • Mr. C.A. Sundaram, Sr. Adv. Mr. A.K. Behera, Adv. Mr. V. K. Verma, AOR Ms. Priya Hingorani, Adv. Mr. Kripa Shanker Prasad, Adv. Mr. Tarun Verma, Adv. Mr. Siddharth Luthra, Sr. Adv. Ms. Maneesha Dhir, Adv. Mr. Karan Batura, Adv. Mr. Karan Kanwal, Adv. Mr. Anushree Prashit Kapadia, Adv. Mr. Vivek Chib, Adv. Ms. Ruchira Goel, AOR Mr. Asif Ahmed, Adv. Ms. Pracheta Kar, Adv. Mr. Vikramaditya, Adv. Mr. Rudrajit Ghosh, Adv. Mr. Mohan Parasaran, Sr. Adv. Mr. Muhammad Khan, Adv. Mr. Omar Hooda, Adv. Mr. Abhishek, Adv. Mr. R.V. Prabhat, Adv. Mr. Varun Sharma, Adv. Ms. Prabha Swami, Adv. Mr. Nikhil Swami, AOR Ms. Divya Swami, Adv. Mr. Arvind P. Datar, Sr. Adv. Mr. Nikhil Nayyar, Adv. Mr. M.V. Swaroop, Adv Mr. N. Sai Vinod, Adv. Ms. Smriti Shah, Adv. Mr. Divyanshu Rai, Adv. Mr. Rupesh Kumar, AOR Ms. Pankhuri Shrivastava, Adv. Mr. Rajeev Sharma, Adv. Ms. Neelam Sharma, Adv. Mr. Anand Varma, AOR Ms. Shubhangi Jain, Adv. Mr. Arun Monga, Adv. Ms. Divya Sharma, Adv. Ms. Marrellina, Adv. Mr. Gopal Jha, Adv. Ms. Mayuri Raghuvanshi, AOR Mr. Mukesh Kumar Maroria, AOR Mr. K. Krishna Kumar, AOR Mr. Annam D. N. Rao, AOR Mr. A. Venkatesh, Adv. Mr. Sudipto Sircar, Adv. Mr. Rahul Mishra, Adv. Ms. Tulika Chikker, Adv.

  • Mr. K.K. Venugopal, AG Mr. A.R. Nandkarni, ASG fMr. Harish V. Shanker, Adv. Mr. S.S. Shamshery, Adv. Ms. Rukmani Bobde, Adv. Ms. Sradha Deshmukh, Adv. Mr. Sanjay Kumar Pathak, Adv. Mr. Kumar Shashank, Adv. Ms. Sumi P.S., Adv. Mr. M.K. Maroria, Adv. Mr. Raj Bahadur Yadav, Adv. Mr. G.S. Makker, Adv. Ms. Shivani Kapoor, Adv. Mr. Prakash Ranjan Nayak, AOR Mr. Zoheb Hossain, AOR Mr. Ashok Mathur, AOR Mrs. Anil Katiyar, AOR

Bench
  • HON'BLE MR.CHIEF JUSTICEDIPAK MISRA
  • HON'BLE MR. JUSTICE A.M. KHANWILKAR
  • HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
Eq Citations
  • (2022) 12 SCC 576
  • LQ/SC/2018/1681
Head Note

A. Constitution of India — Arts. 32, 136, 141 and Preamble — Interim directions — Tribunal Appellate Tribunal and Other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2017 — Validity of — Suggestions for interim order in respect of Central Administrative Tribunal — Suggestions accepted and made applicable for selection of Chairpersons and JudicialAdministrativeTechnicalExpert Members for all tribunals