V K MAJOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment shall dispose of Civil Appeal No. 4107 of 2002, Civil Appeal No. 4404 of 2002 impugning the final order dated 9th April, 2002 passed by the High Court of Allahabad, Civil Appeal No. 4106 is directed against the interim order dated 25th February, 2002 passed in the writ petition while it was pending in the High Court and Writ Petition (C) No. 398 of 2002 filed under Article 32 of the Constitution of India by Sri Gopal Singh, Administrative Member, Central Administrative Tribunal, Jodhpur Bench, at Jodhpur, challenging the empanelling of Shri V. K. Majotra, respondent No. 5 on the ground that he was not qualified to be chosen as Vice-Chairman of Central Administrative Tribunal. The point raised in all the cases being common, the same are taken up together for disposal.

(2.) The facts are : Shambhu Dayal, appellant in Civil Appeal No. 4107 of 2002 filed Writ Petition No. 8248 of 2002 in the High Court of Allahabad challenging the panel prepared for the post of Vice-Chairman in various branches of the Central Administrative Tribunal (hereinafter referred to as the Tribunal) in India and seeking for preparation of a fresh panel. Empanelment of V. K. Majotra, respondent No. 5, was challenged on the ground that he was not qualified to be chosen for the post of Vice-Chairman to the Tribunal. He also impugned the constitutional validity of Explanation to Section 6 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the Act) being ultra vires of the Constitution of India and inoperative.

(3.) By an interim order dated 25th February, 2002 the High Court being prima facie of the opinion that only a sitting or retired High Court Judge or an advocate who is qualified for appointment as a High Court Judge could be appointed as Vice-Chairman of the Tribunal issued a direction that in the panel already prepared for appointment of Vice-Chairman of various Branches of the Tribunal and in future panels also only the person referred to in Section 6(2)(a) of the Act could be appointed as the Vice-Chairman of the Tribunal.