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PRATHIBA M. SINGH
Rail Dawa Bar Association, Lucknow – Appellant
Versus
Union of India – Respondent
JUDGMENT
Prathiba M. Singh(Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Rail Dawa Bar Association, Lucknow, through its Secretary against the Respondent Nos.1, 2 and 3 i.e., Union of India, Railway Board, and the present incumbent/Chairman Railways Claims Tribunal, respectively. The petition seeks the following prayers:
"a) A writ of certiorari calling the entire official records from Respondents leading to the decision to again appoint Mr. Justice (Retd.) K.S. Ahluwalia (Respondent No. 3) as the Chairman, Railway Claims Tribunal, New Delhi.
b) An appropriate writ, order, direction and/or declaration in the nature of certiorari/mandamus quashing and setting aside the impugned decision to again appoint Mr. Justice (Retd.) K.S. Ahluwalia(Respondent No. 3) as the Chairman, Railway Claims Tribunal, New Delhi;
c) writ of mandamus directing the Respondent to immediately frame, rules/regulations laying down a fair and transparent selection procedure for appointment to the posts of Chairman, Vice Chairman (Judicial), Vice Chairman (Technical), Member (Judicial) and Members (Technical) in Railway Claims Tribunal i.e., which are posts o
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 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....
The inclusion of a biased committee member in a selection process violates natural justice, resulting in a decision being set aside due to reasonable apprehensions of bias.
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