2018 (8) TMI 1346 - SC - Indian Laws

Tenure of the Chairperson and the Judicial/Administrative/Expert/Technical Members of all the Tribunals - Held that - A member of the judicial service would have ordinarily continued until the date of superannuation in the state judicial service, subject to the service rules. It would be manifestly inappropriate to adopt an interpretation as a result of which, upon assuming office as Member (Judicial) in CESTAT the officer will have a tenure which will expire after five years, if it falls prior to attaining the age of 62 years. A person selected as Member of the CESTAT will continue until the age of 62 years while a person holding the post of President shall continue until the age of 65 years - Members of the Armed Forces Tribunal shall hold office until the attainment of the age of 65 years. Chairpersons who have been former Judges of the Supreme Court shall hold office until the attainment of the age of 70 years.

Summary

Issues:
1. Clarification on tenure of Chairperson and Members of Tribunals.
2. Age of superannuation for Members of ITAT.
3. Tenure of Members of CESTAT.
4. Age of superannuation for Members of AFT and Chairpersons who are former SC Judges.
5. Application of rules for Members of CAT.
6. Direction to Union government to provide status report on Tribunals.

Analysis:
1. The judgment clarified the tenure of Chairpersons and Members of Tribunals, stating that their tenure shall be for five years or the maximum age fixed under old Acts and Rules.

2. Regarding the age of superannuation for Members of the Income Tax Appellate Tribunal (ITAT), the Court directed that Members will continue until the age of 62 years, and the President will continue until the age of 65 years.

3. For Members of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), the Court reiterated the clarification given for ITAT. Members of CESTAT will continue until the age of 62 years, aligning with the direction for ITAT Members.

4. Members of the Armed Forces Tribunal (AFT) were directed to hold office until the age of 65 years, while Chairpersons who are former Judges of the Supreme Court shall hold office until the age of 70 years.

5. In the case of the Central Administrative Tribunal (CAT), it was clarified that the old rules and provisions shall continue to apply.

6. The Union government was directed to submit a status report within two weeks detailing the position of each Tribunal, including vacancies and the stage of the selection process. The Court disposed of the relevant application accordingly.