VidhiSangh

Supreme Court of India · 17/05/2022

ADVOCATE ASSOCIATION BENGALURU versus ANOOP KUMAR MENDIRATTA AND ANR

[2022] 3 S.C.R. 575 · 2022 INSC 582

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Summary

In contempt proceedings over appointments to the Income Tax Appellate Tribunal, the Search-cum-Selection Committee had on 21.09.2019 recommended 41 persons for 37 vacancies; the Appointments Committee of the Cabinet approved only 22, picking 16 from the main list and 6 from the wait list, relying on a 'feedback' column in the file that often contradicted the Intelligence Bureau reports already before the Committee. The Supreme Court held that all inputs bearing on a candidate must be placed before the Selection Committee in advance, with later tangible material remitted to it only in exceptional cases; it directed the Union to place the feedback and its basis before the Committee within a week for its decision whether to modify its recommendations, declined to pursue contempt, converted the petition into an interlocutory application and directed that ITAT vacancies be filled.

Issues

  1. Whether the Union Government, in processing the recommendations of the Search-cum-Selection Committee for appointment of Judicial and Accountant Members of the ITAT, may rely on subjective 'feedback' obtained after the recommendations and not placed before the Committee, and whether such inputs must be remitted to the Committee for its consideration.
  2. Whether the exercise of contempt jurisdiction was warranted for the non-implementation of the Committee's recommendations.

Provisions considered

Held

Result

Directions issued: the Union Government to place the feedback and underlying material concerning the Search-cum-Selection Committee's recommendations of 21.09.2019 before the Committee within one week for its consideration whether to modify its recommendations, then process the Committee's decision and apprise the Court; contempt not pursued, Contempt Petition (C) No. 708 of 2021 re-numbered as an interlocutory application; ITAT vacancies to be duly filled; listed on 12.07.2022.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 575.