Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Administrative Tribunals Act, 1985

Sunday, February 06, 2011
Administrative Tribunals Act, 1985

Administrative Tribunals Act, 1985 — Administrative Tribunals (Amendment) Act, 2006 — Section 10 A, Proviso and Section 8 — Contention of the learned counsel that reference of Section 8 in the proviso to Section 10A merely refers to the tenure and does not create any ineligibility in a Member only because he has once completed the tenure prescribed there under — Held, not tenable — The proviso, if read plainly, the only conclusion that could be reached is that the Chairman and Members appointed prior to Amendment Act 1 of 2007 on completion of either their term of service or on attainment of 65 years in the case of Chairman or 62 years in the case of Members of the Tribunal, whichever is earlier, may be considered for fresh appointment — If they are eligible in terms of Section 8 of the Amended Act that only means if a member has not completed 10 years term as a member of the Tribunal, he is eligible for fresh appointment, provided he has not completed 65 years of age — The proviso makes it abundantly clear that such fresh appointment could be done provided they satisfy the criteria prescribed under the amended Section 8 of the Act and further, it is made subject to the condition that the total term of office of the Chairman shall not exceed 5 years and that of the Member, ten years.

 
Administrative Tribunals Act, 1985

Administrative Tribunals Act, 1985 — Administrative Tribunals (Amendment) Act, 2006 — Section 8(2) — The total term that a person can hold the office of the Member of the Tribunal is only for a period of 10 years.

 
Administrative Tribunals Act, 1985

Administrative Tribunals Act, 1985 — Administrative Tribunals (Amendment) Act, 2006 — Section 8(2) — The term of office of a Member of a Tribunal is 10 years and after completion of 10 years, he does not superannuate but he goes out of the office.

 
Administrative Tribunals Act, 1985

Administrative Tribunals Act, 1985 — Administrative Tribunals (Amendment) Act, 2006 — Section 8 — Expression “Term of office” — The Legislature has used this expression consciously — The expression ‘Term’ signifies a fixed period or a determined or prescribed duration.

 
Administrative Tribunals Act, 1985

Administrative Tribunals Act, 1985 — Administrative Tribunals (Amendment) Act, 2006 — Section 8(2) — Once a person has completed 10 years in office as Member of the Tribunal, he is not eligible for re-appointment.

 
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