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Adverse IB reports spoil postings of six former judges

By IndianMandarins- 21 Apr 2017
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adverse-ib-reports-spoil-postings-of-six-former-judges The government has reportedly rejected the candidature of six former judges for posting as chairpersons or members of tribunals and commissions on the ground of "adverse IB reports" against them. Of the six judges, two are said to have recently retired from the Supreme Court, two retired as Chief Justices of High Courts, and two are former HC judges. These judges were reportedly recommended by the judiciary for appointments to Telecom Disputes Settlement and Appellate Tribunal, Competition Appellate Tribunal, National Consumer Disputes Redressal Commission, National Company Law Tribunal and Armed Forces Tribunal. Their names were reportedly sent for approval to the Appointments Committee of the Cabinet (ACC) after due diligence by the administrative ministry concerned. However, the ACC didn't clear the names of four former judges on grounds of "adverse IB reports." Two other names were sent back by the ACC without ascribing any reason. In the case of two of the nominees - both retired High Court judges, the fact of an "adverse" IB report about them was recorded on file by the Cabinet Secretariat, thereby ensuring that they aren't likely to be considered for any post-retirement jobs in the government again. In post-retirement appointments, the government is under no obligation to accept the judiciary's recommendation but has to provide sufficient grounds for turning it down. Interestingly, in the case of one former Supreme Court judge, the government disregarded an "adverse IB input" and appointed him as a member of a tribunal. Sources said this rejection on the basis of IB reports, which contain little or virtually no corroborative evidence, may set a precedent which would make it harder for the Chief Justice of India to persuade retired judges to accept postings in tribunals and regulatory commissions.

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