2018 (7) TMI 1136 - SC - Indian Laws

Confusion with regard to the age of superannuation - petitioner submits that certain positions in the National Consumer Disputes Redressal Commission (NCDRC) have not yet been filled up though vacancies are there - Held that - There is some confusion with regard to the Income Tax Appellate Tribunal (ITAT) as regards the age of superannuation - It is clarified that the person selected as Member of the ITAT will continue till the age of 62 years and the person holding the post of President, shall continue till the age of 65 years - Let the matter be listed on 13.8.2018.

Summary

Issues Involved:
1. Vacancies in National Consumer Disputes Redressal Commission (NCDRC).
2. Appointments in Central Administrative Tribunal (CAT).
3. Confusion regarding the age of superannuation in the Income Tax Appellate Tribunal (ITAT).

Analysis:
1. Vacancies in NCDRC:
The petitioner raised concerns about unfilled positions in the NCDRC despite existing vacancies. Mr. Sidharth Luthra, representing the petitioner, highlighted this issue. The court acknowledged the matter and directed Mr. K.K. Venugopal, the learned Attorney General for India, to seek instructions on the situation. Any discrepancies or anomalies were to be communicated through a written statement to Mr. R. Balasubramanian, who would then brief the Attorney General accordingly.

2. Appointments in CAT:
In relation to the CAT, it was mentioned that the process had reached its final stages, but appointments had not been made yet. Mr. A.K. Behera, counsel for the petitioner, brought this to the court's attention. Similar to the NCDRC issue, Mr. Venugopal, assisted by Mr. Balasubramanian, was tasked with obtaining instructions on this matter. Any relevant information was to be shared through a written statement for the Attorney General's consideration.

3. Age of Superannuation in ITAT:
A discrepancy regarding the age of superannuation in the ITAT was noted. The court clarified that individuals selected as Members of the ITAT would serve until the age of 62, while the President would continue until the age of 65. This decision aimed to address the confusion surrounding the retirement age within the ITAT. The case was scheduled for further listing on 13.8.2018 to monitor progress and ensure compliance with the directives issued by the court.

Conclusion:
The judgment addressed critical issues concerning vacancies in the NCDRC, pending appointments in the CAT, and the age of superannuation in the ITAT. By instructing the Attorney General to obtain necessary information and clarifying the retirement age for ITAT members, the court aimed to streamline administrative processes and ensure effective functioning of these tribunals. The directives provided a framework for resolving these issues and maintaining transparency and efficiency in the functioning of these judicial bodies.