GOTTUMUKKALA VENKATA KRISHAMRAJU versus UNION OF INDIA & ORS.

GOTTUMUKKALA VENKATA KRISHAMRAJU versus UNION OF INDIA & ORS.

The amended provisions of Section 6 of the Recovery of Debts and Bankruptcy Act, 1993 shall apply to Presiding Officers who were appointed prior to the amendment, entitling them to continue in office until they attain 65 years of age or complete their five-year tenure, whichever is earlier, as the intent of the legislation and the amendment was to confer this benefit to incumbents as well as future appointees.

Parties
Petitioner: Gottumukkala Venkata Krishnamraju; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
07 September 2018
Procedural Posture
Writ Petition (civil) / Final Judgment on Merits
Outcome
Petition and transferred cases allowed
Legal Topics
Amendment of Statutes, Judicial Interpretation, Tenure of Tribunal Presiding Officers
Administrative Law Statutory Interpretation Banking Law Amendment of Statutes Judicial Interpretation Tenure of Tribunal Presiding Officers

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Parties

Gottumukkala Venkata Krishnamraju

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment on Merits

Legal Issues

  1. 1 Whether amended Section 6 of the Recovery of Debts and Bankruptcy Act, 1993 applies to Presiding Officers appointed prior to its substitution/amendment by Act 44 of 2016
  2. 2 Whether the term of office for such incumbents is governed by the amended provision allowing continuation till 65 years of age or for 5 years, whichever is earlier

Ratio Decidendi

The amended provisions of Section 6 of the Recovery of Debts and Bankruptcy Act, 1993 shall apply to Presiding Officers who were appointed prior to the amendment, entitling them to continue in office until they attain 65 years of age or complete their five-year tenure, whichever is earlier, as the intent of the legislation and the amendment was to confer this benefit to incumbents as well as future appointees.

Court Disposition

Petition and transferred cases allowed

Orders

  • The petitioners in whose favour there is an interim stay are allowed to continue in office.
  • The petitioner in Writ Petition (Civil) No. 732 of 2018 shall be reinstated forthwith with continuity of service and salary for the intervening period.