Libertatem Magazine

SC Disposes of Application Sought for Extension of Service till Regular Appointment

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In the present matter entitled Kudrat Sandhu v. Union of India & Anr., the applicant filed an application to sought a direction for the extension of his service until the regular appointments are made. After analysis of the circumstances, the Supreme Court had disposed of the applicant.

Brief Facts of the Case

The applicant is one of the Member of the National Consumer Disputes Redressal Commission (NCDRC). He was going to retire on 30 August 2020 as per his term. He had filed an application in a writ petition (Kudrat Sandhu v. Union of India) to sought a direction for extension of his service till the systematic appointments are drawn up.

The constitutional bench disposed of the aforesaid plea and upheld the constitutional validity of Section 184 of the Finance Act, 2017 as it gives power to the Central Government to make laws concerning the appointments and service conditions in different tribunals.

Arguments Before the Court

The applicant submitted to extend the term of his service till the selections and appointments of members of the National Consumer Disputes Redressal Commission (NCDRC) are called.

The Attorney General of India submitted that the recommendations were done by the Selection Committee and they are under the consideration of the Appointments Committee of the Cabinet (ACC).

Observations of the Court

The bench observed that the winding up of the appointments and selections of members of NCDRC does not brook any delay. The Court said that the appointments and selections to NCDRC will be made shortly. It was also directed the as the applicant’s retirement would be due on 30 August 2020 as per his term, the Court extended the term of his appointment for one month from the date of his retirement.

Court’s Decision

The Supreme Court disposed of the miscellaneous application in the writ petition as well as the pending application(s).


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