NDLI: Shanker Raju Vs. Union of India

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Administrative Tribunals Act 1985
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Administrative Tribunals Act, 1985 (13 of 1985)
Case(s) Referred	Referred Case 0
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Administrative Tribunals Act, 1985 - ss.10A and B ."Term of Office" of a Member of the Tribunal - Whether a Member of the Tribunal is eligible for re-appointment after completion of term of ten years - Held: A member of a Tribunal can hold such office for a fixed and definite period of time, i.e. for a period of five years from the date on which he enters upon his office and that period may be extended for one more term of five years - Thus the total term that a person can hold the office of the Member of the Tribunal is only for a period of 10 years - After completion of 10 years, he does not superannuate but goes out of the office.Doctrines/Principles:Doctrine of stare decisis - Held: A judgement, which has held the field for a long time, should not be unsettled only because another view is possible : The underlying logic of this doctrine is to maintain consistency and avoid uncertainty- Maxim "stare decisis et non quieta movere".Doctrine of binding precedent - Held: The doctrine of binding precedent has the merit of promoting certainty and consistency in judicial decisions. Words and Phrases - "Term of Office" - Expressions 'term' and 'tenure' - Meaning of - Held: The expression 'term' signifies a fixed period or a determined or prescribed duration . The word 'term' when used in reference to the tenure of office, means ordinarily 'a fixed and definite time - There is distinction between words 'term' and 'tenure' as applied to a public officer of employee - The 'term', as applied to an office, refers to a fixed and definite period of time ~ The word 'tenure' has more extended meaning than the word 'term' and 'tenure'.of an office means the manner in which the office is held especially with regard to time.Interpretation of Statutes - Legislative intention - Ascertainment of - Duty of the Court - Held: In a court of law or equity, what the legislature intended to be done or not to be done can only be legitimately ascertained from what it has chosen to enact either in express words or by reasonable and necessary implication - Where the Legislature clearly declares its intent in the scheme of a language of Statute, it is the duty of the Court to give full effect to the same without scanning its wisdom or policy and without engrafting, adding or implying anything which is not congenial to or consistent with such express intent of legislature.Interpretation of Statutes - Held: A statute is designed to be workable, and the interpretation thereof by Court should be to secure that object unless crucial omission or clear direction makes that end unattainable.
Judge	Honble Mr. Justice H.L. Dattu
Neutral Citation	2011 INSC 6
Petitioner	Shanker Raju
Respondent	Union Of India
SCR	[2011] 2 S.C.R. 1
Judgement Date	2011-01-04
Case Number	311

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