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NEW DELHI: Expressing concern over delay in appointment in various tribunals, the Supreme Court has directed the Centre to immediately complete appointment of four Judicial Members in Railway Claims Tribunal as approved by the Appointments Committee of the Cabinet.
A bench headed by Justice L Nageswara Rao, however, said the tenure of such Members shall be subject to the outcome of a petition pending on the issue.
The apex court was hearing a plea filed by Bar Association, Railway Claim Tribunal, Jaipur, seeking appointment to the vacant posts of Judicial Members of the Tribunal.
The apex court noted that in April 27, 2020, the Centre had submitted that the process of appointment of 17 members to the tribunal shall be completed within 15 days.
On June 15, 2020, Technical Members were appointed. However, appointment of Judicial Members was withheld.
When the matter was taken up on December 3, 2020, the Centre assured the Court that appointments to the post of Judicial Members shall be effected soon.
Senior advocate Nikhil Nayyar, appearing for the petitioner, referred to the proceeding dated October 21, 2020, by which the Appointments Committee of the Cabinet has approved the proposal for appointment of four Judicial Members to the Tribunal.
He argued that there is no reason for not appointing those persons whose appointments are approved.
Attorney General K K Venugopal told the court that delay in appointments took place as the judgement of this Court specifies five years to be the tenure whereas the Ordinance dated April 4, 2021 fixes the tenure of Members at four years.
The bench also comprising Justices Hemant Gupta and S Ravindra Bhat, however, said,” The appointment of four Judicial Members, as approved by the Appointments Committee of the Cabinet on October 21, 2020, shall be made forthwith. The tenure of such Members shall be subject to the result of Writ Petition filed by the Madras Bar Association which is listed for final hearing on May 31, 2021.”
The matter is listed for hearing after two weeks.
A bench headed by Justice L Nageswara Rao, however, said the tenure of such Members shall be subject to the outcome of a petition pending on the issue.
The apex court was hearing a plea filed by Bar Association, Railway Claim Tribunal, Jaipur, seeking appointment to the vacant posts of Judicial Members of the Tribunal.
The apex court noted that in April 27, 2020, the Centre had submitted that the process of appointment of 17 members to the tribunal shall be completed within 15 days.
On June 15, 2020, Technical Members were appointed. However, appointment of Judicial Members was withheld.
When the matter was taken up on December 3, 2020, the Centre assured the Court that appointments to the post of Judicial Members shall be effected soon.
Senior advocate Nikhil Nayyar, appearing for the petitioner, referred to the proceeding dated October 21, 2020, by which the Appointments Committee of the Cabinet has approved the proposal for appointment of four Judicial Members to the Tribunal.
He argued that there is no reason for not appointing those persons whose appointments are approved.
Attorney General K K Venugopal told the court that delay in appointments took place as the judgement of this Court specifies five years to be the tenure whereas the Ordinance dated April 4, 2021 fixes the tenure of Members at four years.
The bench also comprising Justices Hemant Gupta and S Ravindra Bhat, however, said,” The appointment of four Judicial Members, as approved by the Appointments Committee of the Cabinet on October 21, 2020, shall be made forthwith. The tenure of such Members shall be subject to the result of Writ Petition filed by the Madras Bar Association which is listed for final hearing on May 31, 2021.”
The matter is listed for hearing after two weeks.
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