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NELSON SAILO
Central Administrative Tribunal – Appellant
Versus
Union of India, Through its Secretary – Respondent
JUDGMENT :
Nelson Sailo, J.
Heard Mr. K N Choudhury, learned Senior counsel assisted by Mr. P Mahanta for the petitioners. Also heard Mr. Sanjay Jain, learned Assistant Solicitor General of India (ASGI), assisted by Mr. CKS Baruah, learned Central Government Counsel (CGC) who submits that he will be representing all the respondents including the respondent No. 4.
2. Although the matter is listed in the motion column today, the respondent Nos. 1, 2 & 3, against the writ petition filed on 30.07.2022, have filed their counter affidavit. The petitioners in response to the counter affidavit have also filed their affidavit-in-reply on 24.08.2022.
3. Mr. Sanjay Jain, learned ASGI submits that as the pleadings are complete and importantly, in view of the issue involved, the matter may be taken up for final disposal. Mr. K N Choudhury, learned Senior counsel for the petitioners, on the other hand, submits that as the respondent No. 4 has not been served notice, the same may be done so as not to prejudice him. To this submission, the learned ASGI submits that since the respondent No. 4 has already joined as the Chairman of the CAT, Guwahati Bench, he can represent the respondent No. 4 as well. I
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....
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 selection of NCLAT Technical Members must adhere to statutory qualifications, and courts cannot substitute the decisions of expert committees unless serious misconduct is alleged.
The court holds that it cannot interfere with the selection made by the Selection Committee unless there is arbitrariness or statutory aberration. The court emphasizes the importance of maintaining t....
The selection committee's discretion in assessing candidates based on Annual Confidential Reports and service particulars is valid, and the writ court's role is to ensure lawful decision-making.
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.
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