2018 (3) TMI 1135 - SC - Indian Laws

Supreme Court Clarifies Tribunal Chairpersons Appointment Process & Sets Fixed Tenure

The Supreme Court clarified the appointment process for Chairpersons of Tribunals, directing the Central Government to consult with the Chief Justice of ... Clarification of the order dated 09.02.2018 - Held that: - (i) The appointment of the Chairpersons of the Tribunals shall be made by the Central Government in consultation with the Chief Justice of India; (ii) The Search-cum-Selection Committee for the appointment of Judicial Members of the Central Administrative Tribunal shall also proceed with the selection of Administrative Members; (iii) The tenure of the Chairperson and the Judicial/Administrative/Expert/Technical Members of all the Tribunals shall be for a period of five years or the maximum age that was fixed/determined under the old Acts and Rules; (iv) The Committee that has been constituted for selection of the Members of the Central Government Industrial Tribunal shall proceed as per our previous order as it has already proceeded with its work - application disposed off. Issues:1. Clarification of the previous order dated 09.02.2018 regarding appointment of Chairpersons of Tribunals.2. Selection process for Judicial Members of the Central Administrative Tribunal.3. Tenure of Chairpersons and Members of Tribunals.4. Continuation of Members in National Consumer Disputes Redressal Commission (NCDRC).5. Progress of the selection process and prohibition of litigation.Clarification of the Previous Order:The Supreme Court, in response to an application for clarification of the previous order dated 09.02.2018, decided on several key terms. Firstly, it was ruled that the appointment of Chairpersons of the Tribunals should be made by the Central Government in consultation with the Chief Justice of India. Secondly, the Search-cum-Selection Committee for the appointment of Judicial Members of the Central Administrative Tribunal was directed to proceed with the selection of Administrative Members as well. Thirdly, the tenure of Chairpersons and Members of all Tribunals was fixed at five years or the maximum age determined under the old Acts and Rules. Lastly, a Committee for the selection of Members of the Central Government Industrial Tribunal was instructed to continue its work as per the previous order.Continuation of Members in NCDRC:Regarding the Members continuing in the National Consumer Disputes Redressal Commission (NCDRC), it was noted that their terms had been allowed to continue until 15th March, 2018. The Court, upon the submission of the petitioner/applicants' counsels, extended the term of these Members, including the Chairperson, until 31.05.2018. It was emphasized that appointments should be made during this period, and the ongoing selection process should proceed without any hindrance.Progress of Selection Process and Prohibition of Litigation:The Court reiterated that the selection process for various positions in the Tribunals should continue uninterrupted. It was explicitly stated that no litigation concerning the selection process would be entertained, and any grievances in this regard should be addressed during the final hearing of the main case. The Court disposed of the application accordingly.W.P.(C)No.279/2017:Additionally, in Writ Petition (Civil) No. 279 of 2017, the Court directed the filing of a counter affidavit within four weeks and a rejoinder affidavit within three weeks thereafter. The writ petition was scheduled for final disposal in the second week of July 2018, indicating the timeline for further proceedings in the case.