Case Note & Summary
The dispute arose from the rejection of the respondent's request for an extension of his term as a Judicial Member of the Central Administrative Tribunal. The respondent was initially appointed on 30.05.2011 for a term of five years or until the age of 65, whichever came first. After a series of recommendations and approvals, the ACC ultimately denied the extension on 11.10.2019, leading the respondent to file a writ petition in the High Court, which was allowed on 27.08.2021. The Supreme Court examined the procedural history, including the recommendations made by the Selection Committee and the subsequent decisions by the ACC and the DoPT. The court noted that the High Court had quashed earlier decisions without adequately considering the recommendations of the Selection Committee, which had been approved by the Chief Justice of India. The Supreme Court found that the ACC's decision was consistent with the Selection Committee's recommendations and did not violate any prior orders from the High Court. Consequently, the Supreme Court set aside the High Court's judgment and allowed the appeal, affirming the ACC's decision.
Headnote
A) Administrative Law - Judicial Appointments - Extension of Term - Administrative Tribunal Act, 1985, Section 6(3) - The High Court directed the ACC to decide on the extension of the respondent's term, but the Supreme Court found that the ACC's decision was in line with the Selection Committee's recommendations and not contrary to the High Court's earlier directions. Held that the High Court's judgment was erroneous and the ACC's decision was valid (Paras 10-12).
Issue of Consideration
Whether the High Court erred in its judgment regarding the extension of the respondent's term as Judicial Member of the Central Administrative Tribunal.
Final Decision
The Supreme Court set aside the High Court's judgment and allowed the appeal, affirming the ACC's decision regarding the extension of the respondent's term.
Law Points
- Judicial appointments
- Administrative Tribunal
- Extension of term
- Selection Committee recommendations
- High Court jurisdiction
