SC issues notice to Centre on tribunal chief's appointment

NEW DELHI: The Supreme Court has sought response from the Centre on a petition, which alleged that the appointment of the Chairman of the Appellate Tribunal for Foreign Exchange was in violation of the Delhi High Court order. Admitting the petition, a bench headed by Chief Justice K G Balakrishnan issued notices to the Ministry of Law and Justice, tribunal Chairman O P Nahar, member R N Poddar and others. The High Court, in its ruling on April 12, 2004, had held that the members of the executive cannot be appointed as chairman/member of the appellate tribunal, as this was in conflict with the doctrine of independence of judiciary and executive functions and Section 21 of the Foreign Exchange Management Act, 1999. However, the apex court, on appeal by the government, has ordered status quo as on April 12, 2004, the date of the Delhi High Court ruling. The petition, filed by a lawyer, Vadakara V Menon, an aspirant for the post of the Chairman of the Appellate Tribunal, pointed out the manner in which the Chairman and the member of the tribunal continued to occupy office in spite of being disqualified by the High Court. He said the respondents were appointed blatantly in violation of the High Court order that set aside the appointment of Law Ministry officials as part-time chairman and part-time members of the tribunal. In deliberate violation, Menon said, the Ministry vide notification dated July 5, 2005 had re-appointed Nahar as the Chairman with effect from July 2005 for a period of five years or till attaining 65 years of age, whichever is earlier.

18 Apr 2008, 1853 hrs IST , PTI Times Of India