Appointment in Tribunals: Supreme Court clarifies Its Order [Read Order]

A three-judge bench of the Supreme Court last day clarified its order on appointment in Tribunals and barred litigations on the selection process.

The bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud has clarified that accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/ administrative/ technical/ expert members for all tribunals.

Accordingly, the bench clarified its previous order in the following terms;

• 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.

The Court further reiterated that the selection process that has commenced shall continue and no litigation in that regard shall be entertained. Any other grievance, in this regard, shall be dealt with at the time of final hearing of the main case.