Supreme Court Extends Tenure Of Judicial Members Of Karnataka Administrative Tribunal Till Further Orders

Advocate, Mr. Rajesh Mahale appearing on behalf of the petitioner submitted that at present there is one vacancy at the Tribunal and by 15th October, 2022 there would be two vacancies, leaving behind only one judicial member to shoulder the entire workload. Noting that the said vacancies would bring the Tribunal to a grinding halt, a Bench comprising Justices D.Y. Chandrachud and Hima Kohli extended the tenure of the judicial members until further orders of the Apex Court.

Justice Chandrachud clarified that the extension would be only applicable if the existing members agree to it; they cannot be forced to remain in office.

The Bench issued notice in the petition and directed it to be listed after 2 weeks.

Recently, the Bench had also extended the tenure of the terms of one Judicial Member and one Administrative Member of the Kolkata Bench of the CAT, till further orders. Therein the Bench had noted that the CAT, Kolkata Bench has a sanctioned strength of 4 members - 2 Judicial Members and 2 Administrative Members. It was apprised that at present only one regular judicial member has been appointed whose term would expire on 23rd August, 2026. The Counsel appearing on behalf of the CAT Bar Association, Kolkata had submitted that the sitting members are still holding office only by virtue of the extension order of the Apex Court. The extension so granted would come to an end on 29th September, 2022. He emphasised that 3 States would be affected if the CAT, Kolkata Bench becomes dysfunctional. Considering these submissions the Bench had passed the extension order. During the course of that hearing, ASG, Mr. Balbir Singh had informed the Bench that the proposal for appointment of 17 Administrative Members across the country has been submitted to the Appointments Committee of the Cabinet. He added that the approval is expected to come within 2 weeks.

[Case Status: Krishna B & Ors v. GOI W.P.(C) No. 829/2022]