SHAMBHU DAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri V. B. Singh and Sri P. S. Baghel, learned counsel for the petitioner, Sri A. K. Singh, learned counsel for Union of India. Sri Shashi Nandan, learned counsel for respondent No. 4 and Sri Navin Sinha and Sri Anurag Khanna, learned counsel for respondent No. 5. We have also heard Mr. Chandra Shekharan, learned counsel who has filed an affidavit on behalf of Smt. Lakshmi Swaminathan. Vice-Chairman (Judl.) Central Administrative Tribunal, Principal Bench, New Delhi.

(2.) The point raised in this case is a matter of great moment. The question Involved is whether the Presiding Judge of the Central Administrative Tribunal in India can be a member from the purely executive wing of the State. We are of the opinion that he cannot, and that Is why we are giving a detailed judgment as this matter is of great legal and constitutional importance in our country.

(3.) The petitioner has challenged the panel prepared for the posts of Vice-Chairman in various branches of the Central Administrative Tribunal in India and he has prayed for preparation of a fresh panel.