Vacancies in tribunals: SC terms it ”very sorry state of affairs”, seeks Centre’s reply

PTI, Aug 6, 2021, 2:50 PM IST

New Delhi: Terming non-filling of vacancies at various tribunals a “very sorry state of affairs”, the Supreme Court Friday asked the Centre to apprise it within ten days about the steps taken and said it suspects “some lobbies have been working” in this regard.

“We must know a clear stand on continuation of tribunals or closing of tribunals. It appears that bureaucracy does not want these tribunals,” said a bench bench comprising Chief Justice N V Ramana and Justice Surya Kant.

The bench referred to the unfilled posts of judicial and non-judicial members at various tribunals across the country such as the Armed Forces Tribunal (AFTs) and NGT and said that it may summon the “top officials” to give reasons for not appointing peoples in these quasi-judicial bodies.

“We expect in a week’s time you will take a call and apprise us. Otherwise we are very serious, we are going to force the top officers to appear and give reasons. Please do not invite such a situation,” the bench observed.

The top court, in a hearing conducted through video conferencing, also issued a notice on a PIL filed by lawyer and activist Amit Sahni seeking constitution of National and Regional GST Tribunal.

“Our Registry has provided the information that as many as 15 tribunals have been created. There are no chairpersons,” CJI Ramana observed, adding that in the National Company Law Tribunal, there are vacancies of judicial and technical members.

The CJI said that he and Justice Surya Kant are both members of the selection panel and had recommended names in May 2020.

The bench said many posts are vacant in AFT, NGT and Railways Claim Tribunal and no steps seem to be taken to fill these vacancies and termed it as the “very sorry state of affairs”.

“This is the scenario in Tribunals. We do not know what the stand of the Government is. You have to get a response, if they want to continue these Tribunals,” the bench said.

“We have our own suspicion, some lobbies have been working to not fill” these vacancies, it added.

Appointments to these tribunals can be made “subject to pending litigations”, but the litigants cannot be left remediless, the bench said. “If you don’t want Tribunals let them go to the high courts and if you want Tribunals then fill up vacancies.”

Solicitor General Tushar Mehta, appearing for the Centre, sought some time for apprising the court on this matter and said there were some issues relating to the tenure and manner of appointment.

The bench said tribunals are the creations of the statutes and they provide their composition and procedures.

Selection panels, mostly presided over by apex court judges, have recommended names for appointments to tribunals and many issues can be dealt with after the appointments, it said.

One of the pleas pertained to the Centre’s decision to transfer and attach the jurisdiction of the Debt Recovery Tribunal, Jabalpur to Debt Recovery Tribunal, Lucknow in the absence of availability of presiding officer at DRT Jabalpur.

On this aspect, the law officer said that even the DRT at Lucknow is working through virtual mode.

Senior advocate Nidhesh Gupta referred to the bills on tribunals being discussed in Parliament and alleged that it was against the apex court’s judgement on the issue.

“We cannot stop the government from passing legislation and the government cannot stop us from passing orders…This is the duty of both institutions,” the bench said.