SHAMBHU DAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) M. Katju, J. 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.) THEREAFTER on 6-3-2002 we passed the following interim order : "this writ petition had been ordered to be listed on 24-3-2002, but it appears that day is a Sunday. Hence we direct that this writ petition be listed on 2-4-2002. We further direct the Chairman, Central Administrative Tribunal, New Delhi to serve copies of the writ petitions and notices to all the Vice Chairman of the various benches of the Tribunal who were Secretary or Additional Secretary to the Government of India i. e. who come from the Executive side. We feel this order would be in the interest of justice because the petitioner may not be able to get the names and addresses of such persons and hence it would be convenient if the Chairman, Central Administrative Tribunal, New Delhi is directed to serve all such Vice Chairman by special messenger including Respondent Nos. 4, 5 and 6. Copy of this order will be given to the learned Counsel for the parties on payment of usual charges within 24 hours and learned Counsel for the petitioner will communicate this order by courier service/speed post service to the Chairman, Central Administrative Tribunal, New Delhi alongwith sufficient copies of the petition. This order may also be communicated by the learned Counsel for the Central Government to the Chairman, Central Administrative Tribunal, New Delhi. We make it clear that all the Vice Chairman of the Central Administrative Tribunal in various benches who are from Executive side will be deemed to be respondents in this case and they may appear themselves or through Counsel on 2nd April, 2002 on which date the petition will be finally disposed off. Such Vice Chairman should show cause why their appointments be not quashed. List before us on 2-4-2002. "