YOGESH PRAKASH MORBALE Vs. REGISTRAR, MAHARASHTRA ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) One of the Issues raised and involved in these Petitions is the vacancies in the Maharashtra Administrative Tribunal. As per the response to the Petition filed by the Registrar of the Tribunal, a recommendation for appointment of two Judicial Members was already sent to the Government of India in the Month of June 2023. In addition, another recommendation for appointment of two Administrative Members, one at Nagpur Bench and another at Aurangabad Bench, was sent on 19/7/2023. However, final decision in the matter by the Government of India is awaited.

(2.) The process of selection of the Chairperson and Members of the State Administrative Tribunal is governed by the statutory prescription available in The Tribunal Reforms Act, 2021 which has been enacted by the Parliament. According to subsection 3 of Sec. 3 of the said Act a Search-cum-Selection Committee is constituted for the purpose of making recommendations for filling up the vacancies in the State Administrative Tribunal. The said Search-cum-Selection Committee comprises of the Chief Justice of the High Court of the concerned State, the Chief Secretary of the Concerned State Government, the Chairman of the Public Service Commission of the concerned State and one member. The Secretary or the Principal Secretary of the General Administration Department of the concerned State acts as a Member Secretary of the Search- cum-Selection Committee.

(3.) Subsection 7 of Sec. 3 of the said Act provides that the Search-cum-Selection Committee shall recommend a panel of two names for appointment to the post of Chairperson or Member, as the case may be, and the Central Government shall take a decision on the recommendations made by the Committee, preferably within three months from the date of such recommendation.