4106 of 2002 in which leave was granted and operation of the interim order dated 25th February, 2002 passed by the High Court was stayed.
4106 is directed against the interim order dated 25th February, 2002 passed in the writ petition while it was pending in the High Court and Writ Petition C No.
398 of 2002 filed under Article 32 of the Constitution of India by Shri Gopal Singh, Administrative Member, Central Administrative Tribunal, Jodhpur Bench, at Jodhpur, challenging the empaneling of Shri V.K.Majotra, respondent No.
Aggrieved against the interim order of 25th February, 2002 Mr. V.K. Majotra filed Civil Appeal No.
5 on the ground that he was number qualified to be chosen as Vice Chairman of Central Administrative Tribunal.
It was held that in the instant panel prepared by the Government and in all future panels only the person referred to in Section 6 2 a of the Act can be appointed as the Vice Chairman of the various benches of the Tribunal.
Empanelment of V.K. Majotra, respondent No.5, was challenged on the ground that he was number qualified to be chosen for the post of Vice Chairman to the Tribunal.
The point raised in all the cases being companymon, the same are taken up together for disposal.
8248 of 2002 in the High Court of Allahabad challenging the panel prepared for the post of Vice Chairman in various branches of the Central Administrative Tribunal hereinafter referred to as the Tribunal in India and seeking for preparation of a fresh panel.
By an interim order dated 25th February, 2002 the High Court being prima facie of the opinion that only a sitting or retired High Court Judge or an advocate who is qualified for appointment as a High Court Judge companyld be appointed as Vice Chairman of the Tribunal issued a direction that in the panel already prepared for appointment of Vice Chairman of various Branches of the Tribunal and in future panels also only the person referred to Section 6 2 a of the Act companyld be appointed as the Vice Chairman of the Tribunal.
4404 of 2002 impugning the final order dated 9th April, 2002 passed by the High Court of Allahabad, Civil Appeal No.
4107 of 2002 filed Writ Petition No.
The facts are Shambhu Dayal, appellant in Civil Appeal No.
4107 of 2002, Civil Appeal No.
Counsel for the parties have been heard at length.
BHAN, J. This judgment shall dispose of Civil Appeal No.
He also impugned the companystitutional validity of Explanation to Section 6 of the Administrative Tribunals Act, 1985 hereinafter referred to as the Act being ultra vires of the Constitution of India and inoperative.
Appeals have been filed by the Union of India, writ petitioner Shambhu Dayal as well as V.K. Majotra, whose appointment was challenged in the writ petition taking strong exception to the manner in which the petition has been disposed of and the decision arrived at by the High Court.
