UNION OF INDIA Vs. NAVNEET KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) It is necessary to refer to the relevant facts that have led to the filing of this appeal. On 19/5/2011, the respondent was approved by the competent authority to be appointed as Judicial Member of the Central Administrative Tribunal. On 30/5/2011, the respondent was appointed as a Judicial Member for a period of five years from the date of assumption of charge or till he attains the age of 65 years, whichever is earlier. He assumed charge as a Judicial Member, Central Administrative Tribunal, Kolkata Bench on 28/6/2011. In 2013, the respondent was transferred to Lucknow Bench of Central Administrative Tribunal at his request. Rules 9 and 10 were inserted in The Administrative Tribunals (Procedure for Appointment of Members) Rules, 2011 (for short "2011 Rules") by way of an amendment dtd. 21/3/2014. Rule 9 relates to the extension of term of appointment of a member of the Central Administrative Tribunal.

(3.) A representation was made by the respondent on 21/12/2015 requesting for extension of his term as a Judicial Member of the Central Administrative Tribunal in accordance with the 2011 Rules. The Chairman, Central Administrative Tribunal, by a letter dtd. 21/12/2015, sent a proposal to Department of Personnel and Training (for short "DoPT") for extension of the term of the respondent. The proposal of the Chairman, Central Administrative Tribunal along with the report received from the Intelligence Bureau were placed before the Selection Committee on 19/2/2016. The Selection Committee headed by a sitting Judge of this Court recommended extension of the term of the respondent. The said recommendation was approved by the Hon'ble Chief Justice of India on 8/3/2016.