Supreme Court - Daily Orders
Radhakanta Tripathy vs Union Of India on 16 January, 2017
Author: Chief Justice
Bench: Chief Justice, D.Y. Chandrachud
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.832 OF 2016
RADHAKANTA TRIPATHY ... PETITIONER(S)
VS.
UNION OF INDIA & ANR. ... RESPONDENT(S)
O R D E R
1. Application for permission to appear and argue in person is allowed.
2. The solitary prayer made by the writ petitioner in this case, which has been filed as a cause in public interest, is for a writ in the nature of mandamus directing the respondent-Union of India to appoint Members of the National Commission for Scheduled Tribes.
3. The instant petition came up for hearing for the first time on 24th October, 2016. On the very first date of hearing, Mr. R. Balasubramanian, learned counsel, entered appearance on behalf of the respondents. He was required to obtain instructions about the time frame, within which the available (and anticipates) vacancies in the above-mentioned Commission would be filled up.
4. During the course of hearing today, we are informed Signature Not Verifiedby Mr. P.S. Patwalia, learned Additional Solicitor General Digitally signed by SARITA PUROHIT Date: 2017.01.18 16:58:10 IST Reason: of India, that vacancies of two Members and one Vice-
Chairperson have since been filled up with the issuance of 1 Presidential Notification under Article 338A(3) of the Constitution on 30th December, 2016. We are informed, that Shri Hari Krishna Damor and Shri Harshadbhai Chunilal Vasava, have been appointed as Members of the National Commission for Scheduled Tribes, and Miss Anusuiya Uikey has been appointed as Vice-Chairperson of the said Commission.
5. It was the submission of the learned Additional Solicitor General, that the post of Chairperson of the National Commission for Scheduled Tribes, became vacant with effect from 1st November, 2016, as the earlier incumbent relinquished charge on 31st October, 2016. It was also his submission, that the aforesaid vacancy of Chairperson and one Member of the National Commission for Scheduled Tribes, is in an advanced stage of consideration, and is pending before the Cabinet Secretariat. Having obtained instructions from Mr. Vijay Kumar, Under Secretary in the Ministry of Tribal Affairs, he states, that under all circumstances, the vacant positions of Chairperson and one Member, will be filled up, within three months from today.
6. In view of the above, the instant petition is disposed of, with the direction to the Respondent, to fill up the two vacant positions in the National Commission for Scheduled Tribes, within three months from today. 2
7. The writ petition is disposed of in the above terms. Pending application, if any, stands disposed of.
......................CJI.
[JAGDISH SINGH KHEHAR] ........................J. [D.Y. CHANDRACHUD] New Delhi;
16th January, 2017.
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ITEM NO.21 COURT NO.1 SECTION PIL(W)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (C) No(s).832/2016 RADHAKANTA TRIPATHY Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (With appln.(s) for permission to appear and argue in person and office report) Date : 16/01/2017 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) In-person For Respondent(s) Mr. P.S. Patwalia,ASG Ms. Rashmi Malhotra,Adv. Mr. Tushar Bakshi,Adv.
Mr. Dhruv Sheoran,Adv.
For Mr. Mukesh Kumar Maroria,Adv.
UPON hearing the counsel the Court made the following O R D E R The writ petition is disposed of in terms of the signed order.
(Sarita Purohit) (Renuka Sadana) Court Master Assistant Registrar (Signed order is placed on the file) 4