Supreme Court of India · 2012-05-21
UNION OF INDIA vs S. SRINIVASAN
- Citation / case number
- SC 2004/9047
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- S. SRINIVASAN
- Author
- Dipak Misra
- Bench
- DIPAK MISRA B.S. CHAUHAN
Judgment text excerpt
The Supreme Court addressed the legality of Rule 5 of the Appellate Tribunal for Foreign Exchange (Recruitment, Salary and Allowances and Other Conditions of Service of Chairperson and Members) Rules, 2000, which was challenged as being ultra vires the Foreign Exchange Management Act, 1999. The court found that the rule exceeded the authority granted by the Act and upheld the High Court's decision to quash the appointments made under the rule. Consequently, the appointments of certain part-time members were declared invalid, reinforcing the need for adherence to statutory eligibility criteria.