9911796707
TMI Blog2022 (4) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... osh Majumdar, Sr. Adv. Mr. Avra Mazumder, Mr. Jaweid Ahmed Khan, Ms. Sweta Mukherjee, Mr. T. Ahmed Khan, Mr. Sandip Choraria, Mr. Anil Dugar, Mr. D. Basu Thakur, Advocates ... for the respondent no. 1 Mr. S.N. Ganguli, Mr. Sukalpa Seal, Advocates ... for the respondent Prakash Shrivastava, CJ: 1. This appeal is directed against the interlocutory order of the learned Single Judge dated 4th October, 2021 passed in WPA No. 16203 of 2021 whereby the tenure of the existing Technical Member of the West Bengal Taxation Tribunal has been extended until formal appointment of Technical Member by the Government. 2. Appellant was not a party before the learned Single Judge, therefore, CAN No. 1 of 2022 has been filed seeking leave to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it has been filed at the instance of the society without authorization and Section 19 of the West Bengal Societies Registration Act, 1961 is attracted and that the provisions of West Bengal Taxation Tribunal, 1987 (for short, 'Act of 1987') do not permit continuation of appointment after the expiry of tenure, hence, learned Single Judge, on the basis of the consent which was contrary to law, could not have passed the order ignoring the provisions of the Act. Further submission has been made that the impugned order has been passed in absence of the High Court Administration. It is also submitted by the learned Counsel for the appellant that the impugned order does not take into consideration any fact and legal position and does not even indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been mentioned in the impugned order but the learned Counsel for the High Court Administration was not present when the order was passed. Even otherwise, a strong submission has been raised before this Court that consent given against the provision of law is of no consequence and on the basis of such a consent, an order contrary to law could not have been passed. In this regard, the judgment of the Hon'ble Supreme Court in the matter of Veer Kunwar Singh University Ad Hoc Teachers Association and Others vs. Bihar State University (C.C.) Service Commission and Others reported in (2009) 17 SCC 184 has been relied upon, wherein it is held that: "33. In B.S. Bajwa v. State of Punjab to which our attention was drawn by Mr Misra, this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l hold office as such for a term of five years from the date on which he enters upon his office, but he shall be eligible for reappointment for another term of five years: Provided that no Judicial Member or Technical Member shall hold office as such after he has attained the age of sixty-five years:" 12. In the Act, there is no provision for continuation after expiry of the tenure of five years unless the reappointment is made. 13. Attention of this Court has also been drawn to the order of the Hon'ble Supreme Court dated 31st May, 2021 in Writ Petition (Civil) No. 510 of 2021 in the matter of National Company Law Tribunal and Appellate Tribunal Bar Association through its Secretary vs. Ministry of Corporate Affairs wherein the similar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isdiction of the courts tends to degenerate into misplaced sympathy, generosity and private benevolence. It is essential to maintain the integrity of legal reasoning and the legitimacy of the conclusions. They must emanate logically from the legal findings and the judicial results must be seen to be principled and supportable on those findings. Expansive judicial mood of mistaken and misplaced compassion at the expense of the legitimacy of the process will eventually lead to mutually irreconcilable situations and denude the judicial process of its dignity, authority, predictability and respectability" 16. We find that none of the above aspects have been taken into consideration by the learned Single Judge while passing the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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