V S NAIK Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing these writ petitions, a challenge is made to the selection / appointment of the respondent No.6 as the Judicial Member of the Karnataka Administrative Tribunal.

(2.) The Karnataka Administrative Tribunal is, admittedly, constituted under the Administrative Tribunals Act, 1985. It is an admitted position that the respondent No.6 was appointed as a Judicial Member of the Central Administrative Tribunal from the Bar for five years on September 15, 2003. In 2008, he completed his five years tenure. On September 4, 2009, he was again appointed for another term of five years as the Judicial Member of the Central Administrative Tribunal. In 2014, he had completed his second term. In view of the provisions of the said Act of 1985, a Member is not eligible to hold the post exceeding for ten years.

(3.) Our attention is drawn to the provisions of Section 8 of the said Act of 1985. A member shall hold office as such for a term of five years from the date on which he enters upon his office, extended by one more term of five years. Section 10A which was inserted by an amendment of the Administrative Tribunals (Amendment) Act, 2006, also, prohibits that the member shall not hold office for more than two terms.