Summary
The Supreme Court directed an interim arrangement for the vacant National Green Tribunal chairpersonship under section 11. Following the seniority indicated in the Tribunal’s office order of 15 March 2016, Justice Jawad Rahim was to discharge all chairperson duties, including participation in member selection, until a regular chairperson was appointed. The Court expressly stated that this did not finally determine inter se seniority between him and Justice R. S. Rathore.
Issues
- Who should discharge the vacant chairperson’s duties pending a regular appointment.
- Whether the interim arrangement determined inter se seniority finally.
Provisions considered
- Section 11, National Green Tribunal Act, 2010The quoted provision contemplated Central Government notification of a judicial member to act as chairperson during the vacancy until appointment of a new chairperson. The Court directed the interim arrangement in accordance with the existing office-order seniority. (¶¶ 1, 3, 4, 5)
Held
- The notification under section 11 was to follow the seniority indicated by the office order dated 15 March 2016. Justice Jawad Rahim would perform all chairperson functions, including participation in selection to fill member vacancies, until regular appointment. (¶¶ 3, 4, 5)
- The arrangement was purely interim and was expressly not a final judicial determination of seniority between Justice Jawad Rahim and Justice R. S. Rathore. (¶ 6)
Result
Interim directions issued for Justice Jawad Rahim to discharge chairperson duties until regular appointment; inter se seniority expressly left undecided.