S.P. SAMPATH KUMAR versus UNION OF INDIA & ORS.

~-. S.P. SAMPATH KUMAR v. UNION OF INDIA & ORS. ,. • MAY 5, 1987 [R.S. PATHAK, CJI, RANGANATH MISRA, V. KHALID, G.L. OZA AND M .M. DUIT, JJ.) Administrative Tribunals Act, 1985--Appointment of Chairman, Viet-Chairman and Member of Tribunal-Recruitment to be made by :~ · high-powered Selection Committees-An advocate qualified to be Judge of the High Court is eligible for appointment as Vice-Chairman, Member. In these Review Petitions, the Attorney General sought clarifica-tion o( certain observations made in the individual judgments delivered on December 9, 1986 disposing o( the Writ ~titions filed by the petitiuners challenging the vires o( the Administrative Tribunals Act, 1985. Disposing ot the Review Petitions, HELD: I. In tbe ca~ of recruitment to 1M Central Administra-tive Tribunal the appropriate course would be to appoint High ... Powered Selection Committee headed by sitting Judge of the Supreme Court to be nominated by the Chid Justice of India, while in the C2Se of rtcruitment to the State Administrative Tribonals the High Powered Seltctioo Committee should be beaded by sitting Judge of the High Court to be nominated by the Chief Justice of the High Court COGctrned. (23~G-2JSAI 2. Tbe contention that an advocate will not have the administra ... live txperience which is r .... ulnd (or Member of the Administrative T 'b -, n unaJ canoot be accepttd. An advocate wbo Is qualitled to be Judge or tl~ lligh Court is an advocate who by implication Is qualified ~ ~rlonn not only the judicial duties but the administrative functions b1eh lllgh Court Judge Is up«ted to discharge. Whether an advOcate applying tor r«ruitment to the Administrative Tribunal bas ~rr~elent admJoistrathe put~ntJ.al can be eumined and judged during Proc~, or sel~tion. (!.lSU·l> 1 (Time tlxed for lntroduclog leglslatioo to give effect to the obser· 133 ·-l . ~~ - ... --- .. ·--·· .. ,. . . ' . ..... ~ ··-·

[19871 3 S.C.R.

vations made in the Judgment, and, for setting up Additional Benches extended upto July 31, 1987 and December 31, 1987 respectively).

ORIGINAL JURISDICTION: Review Petition Nos . ."i20-23 of 1987.

Writ Petition Nos. 12437-12460 of 1985, 238 of 1986 and Trans-ferred Cases Nos. 9-11, 12-13 of 1986.

K. Parasaran Attorney General and Ms. A. Subhashini for the Petitioners.

P.H. Parekh, Suhail Dutt, P.D. Sharma and R. Ramachandran ."1 for the Respondents.

The fol1owing Order of the Court was delivered: fol1owing Order of the Court was delivered: Order of the Court was delivered: of the Court was delivered: the Court was delivered: Court was delivered: was delivered: delivered: In these petitions for review the learned Attorney General of 1· that certain observations and certain observations and observations and and conclusions expressed in the the

The fol1owing Order of the Court was delivered: fol1owing Order of the Court was delivered: Order of the Court was delivered: of the Court was delivered: the Court was delivered: Court was delivered: was delivered: delivered:

India urges that certain observations and certain observations and observations and and conclusions expressed in the individual hdgments of Bhagwati, CJI and one of us (Ranganath Misra, J) appear to conflict with each other, and prays that clarifica-tion be made. In the first place, he has drawn our attention to the observations of Bhagwati, CJI where the learned Chief Justice has taken the view that one of the two alternative options was open to the Government while appointing the Chairman, Vice-Chairman and · 'i administrative members of the Administrative Tribunal. The learned Chief Justice said that the appointment of Chairman, Vice-Chairman and members of the Administrative Tribunal should be made by the concerned government only after consultation with the ·Chief Justice of India. The alternative suggestion is that High Powered Selection Committee should be appointed headed by the Chief Justice of India or sitting Judge of the Supreme Coutt or the concerned High Court to be nominated by the Chief Justice of India. In his Judgment our brother Ranganath Misra, J. has opted for the latter alternative. Having considered the matter carefully, we are of opinion that in the case of recruitment to the Central Administrative Tribunal the appropriate course would be to appoint High Powered Selection •. Committee headed by sitting Judge of the Supreme Court to be nominated by the Chief Justice of India, while in the case of recruit-ment to the State Administrative Tribunals, the High Powered Selec-H tion Committee should be headed by sitting Judge of the High Court