The Punjab and Haryana High Court on Wedneday upheld the appointment of Haryana Lokayukta, retired judge of the Chhattisgarh High Court Nawal Kishore Agarwal. The decision came from Justice Rameshwar Singh Malik while dismissing the petition filed by one Ravinder Kumar. Justice Agarwal (63) was administered oath as Haryana Lokayukta on July 19. The post had been lying vacant for a period of sixmonths after retired Justice Pritam Pal’s five year tenure came to an end on January 18.
As per the petitioner Ravinder Kumar, since Justice Agarwal had been a judicial member of the Kolkata bench of the Armed Forces Tribunal and before that at Guwahati bench of Armed Forces Tribunal, he could not have been appointed as Lokayukta as per The Armed Forces Tribunal Act, 2007. Section 11 (b) of the The Armed Forces Tribunal Act, 2007, reads : a member other than the chairperson shall, subject to the provisions of this Act, be eligible for appointment as a member of any other Tribunal but not for any other employment either under the government of India or under the government of a state.
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