Appointment to Tribunals: SC clarifies Its Interim Order would not affect in case of Appointments where Substantial Steps have been taken [Read Order]

A bench comprising Chief Justice Deepak Misra, Justice A M Khanwilkar, and Justice D Y Chandrachud clarified that the interim order pronounced on 9^th February 2018 providing interim Search-cum-selection Committee, would not affect the cases where substantial steps have been taken for the appointment of Tribunal Members.

Earlier this month, the bench had directed to form an interim SCSC in respect of both judicial and administrative members of all tribunals with CJI or his nominee as the chairman and directing appointment to post of chairman only by nomination by the CJI, fixing the term of office as five years from earlier three years etc.

Mr. Vikas Singh, Learned Senior Advocate, and Mr. Verma Advocate submitted before the Court that substantial steps have taken place in the selection process for the Central Administrative Tribunal and it is desirable that appointments be made expeditiously

“In all cases where the Chief Justice of India has nominated the Chairperson of the Search-cum-Selection Committee (SCSC) for making recommendations for appointment of Chairperson/President/Presiding Officer of any tribunal and the Committee has begun its work by holding a meeting, the process will continue according to the terms and conditions and eligibility stated in the advertisement so issued or, as notified on the directions of the SCSC for ascertaining expression of interest,” the Court said.

The bench also ordered that all recommendations made or to be made by any SCSC for the appointment of Chairperson and/or members shall be processed further without being affected by the order dated 9 February 2018.”

In respect of CESTAT, the bench noted the fact that in respect of the Central Excise and Service Tax Appellate Tribunal (CESTAT), applications were received for judicial and technical members pursuant to advertisements issued under the directions of the SCSC. Interviews have been conducted and the Appointments Committee of the Cabinet has approved the proposal for filling up vacant posts of judicial members. “The above position indicates that the process of selection has been substantially completed. Hence, we clarify that the selection process in respect of the CESTAT may be completed and will not be affected by the order of this Court dated 9 February 2018,” the bench said.