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L. NAGESWARA RAO, B. R. GAVAI
Union Of India – Appellant
Versus
Navneet Kumar – Respondent
JUDGMENT
L. Nageswara Rao, J.
Leave granted.
1. The respondent's request for extension of the term of appointment as a Judicial Member, Central Administrative Tribunal by another term was rejected by Appointments Committee of the Cabinet (for short "ACC") on 11.10.2019. The same was communicated to the respondent on 24.10.2019. A writ petition was filed by the respondent before the High Court of Judicature at Allahabad, Lucknow Bench, which was allowed by the High Court on 27.08.2021. Thus, this appeal has been filed by the appellant questioning the correctness of the judgment passed by the High Court.
2. It is necessary to refer to the relevant facts that have led to the filing of this appeal. On 19.05.2011, the respondent was approved by the competent authority to be appointed as Judicial Member of the Central Administrative Tribunal. On 30.05.2011, the respondent was appointed as a Judicial Member for a period of five years from the date of assumption of charge or till he attains the age of 65 years, whichever is earlier. He assumed charge as a Judicial Member, Central Administrative Tribunal, Kolkata Bench on 28.6.2011. In 2013, the respondent was transferred to Lucknow Bench of Ce
Conscious decision was taken by Selection Committee not to recommend extension of tenure of Judicial Member of Central Administrative Tribunal, cannot be interfered with.
when a recommendation is made by the Selection Committee comprising of such high ranking officials and even constitutional functionary, there has to be a very strong and justifiable reason to decline....
The main legal point established in the judgment is the requirement for judicial dominance in the Selection Committee and the need to maintain the judicial primacy over the appointment process for th....
Judicial review under Article 226 is limited to cases of apparent error and does not extend to reinstating employment post-candidature cancellation due to delays.
The main legal point established in the judgment is the importance of adjudicatory experience and the role of the Search-cum-Selection Committee in making recommendations for the appointment of the C....
The failure to file a delay condonation application renders an original application before the Tribunal non-maintainable, emphasizing strict adherence to statutory provisions.
The main legal point established in the judgment is the importance of tenure stability and judicial independence in determining the commencement date of re-appointment, emphasizing that a judge shoul....
Courts will not entertain pleas for extension of tenures when members have accepted initial appointments and when such extension would interfere with ongoing selection processes.
The power to recommend termination of a judicial officer's services rests with the Full Court of the High Court, and the Standing Committee does not have the authority to make such recommendations.
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