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Constitutional · Reportable judgment

Ngt Bar Association (Western Zone) vs Union of India & Ors.

Court
Supreme Court of India
Date
27 March 2018
Case No.
Writ Petition (Civil) No. 1235 of 2017
Bench
Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar
Citation
[2018] 3 S.C.R. 65
Supreme Court Reports [2018] 3 S.C.R. 65
Headnote

National Green Tribunal Act 2010 – s. 11 – To act as Chairperson of tribunal – Held: Section 11 contemplates that the Central Government shall upon the term of the Chairperson of the National Green Tribunal having ended in such an eventuality notify a judicial member of the tribunal to act as Chairperson until a regular appointment is made – Making of an interim arrangement is necessitated in order to enable the acting Chairperson to participate in the selection process for filling up vacancies of members of the NGT – Central Government would abide by the same – By an office order, the then Chairperson of the National Green Tribunal had formulated the seniority inter se among the judicial members and expert members of the Tribunal – Ends of justice would be met, if the notification of the acting Chairperson u/s. 11 is made in terms of the seniority indicated in the office order – Justice Jawad Rahim to discharge the duties of Chairperson for all purposes, until a regular appointment of a new Chairperson is made – This would be in the nature of an interim arrangement.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was delivered: ORDER DR. D.Y. CHANDRACHUD, J. 1. Consequent upon the term of the Chairperson of the National Green Tribunal having ended, it has become necessary for the Central Government to notify a Member of the Tribunal who will act as the Chairperson until a new appointment is made. Section 11 of the National Green Tribunal Act 2010 contemplates that the Central Government shall in such an eventuality notify a judicial member to act as Chairperson until a regular appointment is made. Section 11 is in the following terms: “11. To act as Chairperson of T
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