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TMI Blog2023 (9) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... rwal, Saurabh Mishra, Ms. Vanshja Shukla, Priyanka Das, Chinmayee Chandra, Ankur Talwar, Rajat Nair, Mrs. Suhasini Sen, Sidddhant Kohli, Shradha Deshmukh, Shashank Bajpai, Agnish Aditya, Anmol, Shakti Singh, Kumar Kashyap, Ms. Pankhuri Shrivastava, Ms. Neelam Sharma, Rajeev Sharma, Ninad Laud, Ms. Nilanjani Tandon, Chirag Sharma, Lalit Allawadhi, Ms. Richa Sharma, Mayank Pandey, Ms. Monica Benjamin, Anandh Venkataramani, Mrs. Vijayalakshmi Venkataramani, Vinayak Mehrotra, Ms. Mansi Sood, Chitvan Singhal, Ms. Sonali Jain, Abhishek Kumar Pandey, Raman Yadav, Mahesh Thakur, Ms. Shivani, Mrs. Vipasha Singh, Ranvijay Singh Chandel, Ms. Manmeet Kaur Sareen, Achintya Dvivedi, Rahul Sharma, Advocates, Raj Bahadur Yadav, Archit Upadhayay, Ms. Garima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk Limited represented by its Chief Manager & Ors. [(2020) 6 SCC 1, Madras Bar Association (1) v. Union of India & Anr. [(2021) 7 SCC 369] and Madras Bar Association (2) v. Union of India & Anr. [2021 SCC Online 4363] the Union Government has successively come out with a legislation which is identical to previous enactments which were struck down by this Court; and (v) Out of the four judicial members, two, namely, those at Serial Nos. 3 and 4 of the previous order dated 3 March, 2023 had resigned from judicial service to join the CESTAT since the age of retirement stood at 62 years whereas one Judicial Member (Serial No. 2) was a practising Advocate who took up the assignment based on the prevailing age of retirem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions given by this Court in Kudra Sandhu (supra) are also nullified. It would be relevant to refer to the directions issued by this Court i S.R. Bhagwat n Kudrat Sandhu (supra) on 9-2-2018. After taking the consent of the Learned Attorney General and making modifications incorporating his suggestions, this Court held that all selections to the post of Chairperson/Chairman, Judicial/Administrative Members shall be for a period as provided in the Act and the Rules in respect of all tribunals. On 16-7-2018, this Court directed that persons selected as Members of ITAT can continue till the age of 62 years and persons who were holding the post of President till 65 years. By an order dated 21-8-2018, this Court clarified that a person selected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntained herein." 6. Likewise, the following principle has been set out in the concurring judgment of Justice S. Ravindra Bhat : "171. In my opinion, like in P. Venugopal (supra) the curtailment of tenure to five years, of these few individuals appointed as members of tribunals, who were entitled to continue in office in terms of the pre-existing enactments (upto the age of 62 years etc.) is arbitrary. Apart from the fact that the Union wishes to curtail their tenure despite the finality of directions of this court in Roger Mathew and MBA-III, there is no conceivable rationale. Nor has any overriding public interest been espoused as a justification for this. The divesting of judicial office by legislative fiat, in this court' ..... X X X X Extracts X X X X X X X X Extracts X X X X
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