Summary
Clarifying its earlier tribunal-tenure directions, the Supreme Court directed that CESTAT members continue until sixty-two and its President until sixty-five. It also clarified tenure for Armed Forces Tribunal members and Chairpersons, maintained the old provisions for the Central Administrative Tribunal, and required a tribunal-wise government status report.
Issues
- How the Court’s earlier tribunal-tenure directions applied to CESTAT, the Armed Forces Tribunal and the Central Administrative Tribunal.
Held
- A person selected as Member of CESTAT would continue until sixty-two years of age and its President until sixty-five. The Court rejected an interpretation limiting a judicial-service appointee to five years where that would end before sixty-two. (¶¶ 1, 2)
- Armed Forces Tribunal members would hold office until sixty-five; Chairpersons who were former Supreme Court judges until seventy. For the Central Administrative Tribunal, the old rules and provisions would continue to apply. (¶¶ 3, 4)
- The Union government was directed to file, within two weeks, a status report for each tribunal specifying vacancies and the stage of the selection process. (¶ 5)
Result
IA No.113281 of 2018 disposed of with the tribunal-tenure clarifications and direction for a government status report within two weeks.