IMPORTANT POINT
Members of the administrative services also can be appointed as members of the Central Administrative Tribunal or Vice Chairman.

Headnote:Administrative Tribunals Act, 1985 -Section 6-Appointment of Vice-Chairman of Central Administrative Tribunal-Eligibility-Panel prepared-Empanelment of respondent 5 was challenged on ground that he was not qualified to be chosen for post of Vice -Chairman - High Court holding that only a sitting or retired High Court Judge or an advocate who is qualified for appointment as a High Court Judge should be appointed as Vice Chairman of the Tribunal-It was held that in the instant panel and in all future panels only the person referred to in Section 6(2)(a) of the Act can be appointed as Vice Chairman of various Benches of the Tribunal-Appeal against-Whether High Court was justified in holding so without striking down provisions of Section 6(2)(b)(bb) and (c)-(No).
Held : The effect of the direction issued by the High Court that henceforth the appointment to the post of Vice-Chairman be made only from amongst the sitting or retired High Court Judge or an advocate qualified to be appointed as a Judge of the High Court would be that Sections 6(2)(b)(bb) and (c) of the Act providing for recruitment to the post of Vice-Chairman from amongst the administrative services have been put at naught/obliterated from the statute book without striking them down as no appointment from amongst the categories mentioned in clauses (b) (bb) and (c) could now be made. So long as Section 6(2)(b)(bb) and (c) remains on the statute book such a direction could not be issued by the High Court. With respect to the learned Judges of the High Court we would say that the learned Judges have over stepped their jurisdiction in giving a direction beyond the pleadings or the points raised by the parties during the course of the arguments. The writ courts would be well advised to decide the petitions on the points raised in the petition and if in a rare case keeping in view the facts and circumstances of the case any additional points are to be raised then the concerned and affected parties should be put to the notice on the additional points to satisfy the principles of natural justice. (Para 8)
The High Court exceeded its jurisdiction in issuing further directions to the Secretary, Law Department, Union of India, the secretary Personnel and Appointment Department, Union of India, the Cabinet Secretary of Union of India and to the Chief Secretary of the U.P. Government as also to the Chairman of the CAT and other appropriate authorities that henceforth the appointment to the post of presiding officer of various other Tribunals such as CEGAT, Board of Revenue, Income Tax Appellate Tribunal etc., should be from amongst the judicial members alone. Such a finding could not be recorded without appropriate pleadings and notifying the concerned and affected parties. (Para 9)

JUDGMENT

Bhan, J.-This judgment shall dispose of Civil Appeal No. 4107 of 2002, Civil Appeal No. 4404 of 2002 impugning the final order dated 9th April, 2002 passed by the High Court of Allahabad, Civil Appeal No. 4106 is directed against the interim order dated 25th February, 2002 passed in the writ petition while it was pending in the High Court and Writ Petition (C) No. 398 of 2002 filed under Article 32 of the Constitution of India by Shri Gopal Singh, Administrative Member, Central Administrative Tribunal, Jodhpur Bench, at Jodhpur, challenging the empaneling of Shri V.K. Majotra, respondent No. 5 on the ground that he was not qualified to be chosen as Vice-Chairman of Central Administrative Tribunal. The point raised in all the cases being common, the same are taken up together for disposal.

2. The facts are:

Shambhu Dayal, appellant in Civil Appeal No. 4107 of 2002 filed Writ Petition No. 8248 of 2002 in the High Court of Allahabad challenging the panel prepared for the post of Vice-Chairman in various branches of the Central Administrative Tribunal (hereinafter referred to as the Tribunal ) in India and seeking for preparation of a fresh panel. Empanelment of V.K. Majotra, respondent No.5, was challenged on the ground that he was not qualified to be chosen for the post of Vice-Chairman to the Tribunal. He also impugned the constitutional validity of Explanation to Section 6 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the Act ) being ultra vires of the Constitution of India and inoperative.

3. By an interim order dated 25th February, 2002 the High Court being prima facie of the opinion that only a sitting or retired High Court Judge or an advocate who is qualified for appointment as a High Court Judge could be appointed as Vice-Chairman of the Tribunal issued a direction that in the panel already prepared for appointment of Vice-Chairman of various Branches of the Tribunal and in future panels also only the person referred to Section 6(2)(a) of the Act could be appointed as the Vice-Chairman of the Tribunal.

4. Aggrieved against the interim order of 25th February, 2002 Mr. V.K. Majotra filed Civil Appeal No. 4106 of 2002 in which leave was granted and operation of the interim order dated 25th February, 2002 passed by the High Court was stayed.

5. The writ petition was taken up for final disposal by the High Court on 9th April, 2002. Instead of disposing of the writ petition on the pleas raised in the writ petition or the points raised by the counsel for the parties during the course of the arguments, the High Court going completely off the tangent went on to hold that the Vice-Chairman of the Tribunal should be from a legal background and can only be a sitting or retired High Court Judge or an advocate who is qualified for appointment as a High Court Judge. It was held that in the instant panel prepared by the Government and in all future panels only the person referred to in Section 6 (2)(a) of the Act can be appointed as the Vice-Chairman of the various benches of the Tribunal. It was also observed that there are number of Tribunals in the country like CEGAT, Board of Revenue, Income Tax Appellate Tribunal etc., which should have persons from a legal background as the presiding Judge to maintain the confidence of the public. That the senior member of every Tribunal must be a person with a legal background as presiding officer of the Tribunal which would ensure compliance of the mandate of Article 50 of the Constitution of India. A direction was issued to the authorities including the Government to take speedy steps to ensure compliance of the judgment and appoint as presiding Judge of every Tribunal a person with a legal background so that the Tribunal may be independent and inspire confidence of the public. If it is a single member bench, then the person must be from a legal background. Registrar General of the High Court was directed to send copies of the judgment to the Secretary, Law Departme

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2003 Supreme(SC) 865

IMPORTANT POINTMembers of the administrative services also can be appointed as members of the Central Administrative Tribunal or Vice Chairman.

Cases Referred (2)

IMPORTANT POINT
Members of the administrative services also can be appointed as members of the Central Administrative Tribunal or Vice Chairman.