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"We Won't Entertain": Supreme Court Expresses Displeasure At Presiding Officers of Tribunals Approaching Courts For Extension Of Tenure
Mehal Jain
11 Dec 2020 12:24 PM GMT
The Supreme Court on Friday expressed displeasure at Presiding Officers of tribunals approaching it to seek extension of tenure.The bench headed by Justice L. Nageswara Rao was hearing a writ petition by Narinder Nath Khanna, Presiding Officer, DRT-1, Kolkata for an extension. It was pleaded on the petitioner's behalf that the new 2020 Tribunal Rules will provide for a tenure of 5 years or...
The Supreme Court on Friday expressed displeasure at Presiding Officers of tribunals approaching it to seek extension of tenure.
The bench headed by Justice L. Nageswara Rao was hearing a writ petition by Narinder Nath Khanna, Presiding Officer, DRT-1, Kolkata for an extension. It was pleaded on the petitioner's behalf that the new 2020 Tribunal Rules will provide for a tenure of 5 years or until the age of 67 years and that some similarly-situated officers have been granted an extension by the government
"How can Presiding Officers come to the Court for an extension? This is not an ordinary employment that they can come to the court seeking an extension!", observed Justice Rao.
"The judgment covers everything (the November 27 judgment of the three-judge bench headed by Justice Rao in Madras Bar Association). The answer to your question is in paragraph 53 (xv) of the judgment", said Justice Rao.
It may be noted that the aforesaid paragraph contains the following direction: "The Chairpersons, Vice Chairpersons and members of the Tribunals appointed prior to 12.02.2020 shall be governed by the parent statutes and Rules as per which they were appointed. The 2020 Rules shall be applicable with the modifications directed in the preceding paragraphs to those who were appointed after 12.02.2020. While reserving the matter for judgment on 09.10.2020, we extended the term of the Chairpersons, Vice-Chairpersons and members of the Tribunals till 31.12.2020. In view of the final judgment on the 2020 Rules, the retirements of the Chairpersons, Vice- Chairpersons and the members of the Tribunals shall be in accordance with the applicable Rules as mentioned above".
"Approach the government. We won't entertain this plea", said Justice Rao on Friday. The bench granted liberty to the petitioner to make a representation to the government in this behalf.
In the aforesaid judgment, the court had directed the Government to amend Rule 9 (1) of the 2020 Rules by making the term of Chairman, Chairperson or President as five years or till they attain 70 years, whichever is earlier and Presiding Officers, Vice-Chairman, Vice-President and other members dealt with in Rule 9(2) as five years or till they attain 67 years, whichever is earlier.
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