Supreme Court slams Centre over lack of facilities for tribunal members

The Supreme Court criticised the Centre for failing to provide adequate facilities to tribunal members, attributing retired judges’ reluctance to join to poor infrastructure. The bench warned that tribunals should be abolished if dignity and basic amenities cannot be ensured

New Delhi: The Supreme Court on Tuesday attributed the disinclination of former high court judges to take up post-retirement roles in tribunals to the lack of amenities and remarked that all such quasi-judicial bodies should be abolished if the government was unable to mitigate the situation.

A bench comprising Justices B V Nagarathna and R Mahadevan flagged the lack of proper facilities as the reason behind the retired judges feeling discouraged. The apex court said that if the Centre cannot provide the facilities, then it should abolish all tribunals and send all matters to the high courts.

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“Why are they applying and appearing for the interview and then not taking charge? One of the reasons is that they then get the reality of it, what it is to be a tribunal member. Some of them, if they are chairpersons, are former chief justices of high courts or former judges of the Supreme Court. No facility whatsoever is provided to them. Even for stationery, they have to keep requesting. How are you treating the tribunals? The fault lies with you (union). You have created the tribunals,” the court said.

The bench went on to tell Additional Solicitor General Vikramjit Banerjee, “Parliament has passed the Acts. Judicial impact is not taken. No expenditure is given. They have to go on begging- give us stationery, give us housing, give us this, give us a car. The most rickety car in your department is given to the Tribunal Chairman. How are you treating the former Chief Justices and Judges? Therefore, they have a reason not to accept it, because the reality flashes to them.”

The top court said the retired Judges feel a lot of uncertainty about housing and other amenities after the appointment order. “We are telling you without casting any aspersions anywhere. Please treat former Chief Justices, former Judges of the High Court who accept your posts with dignity,” the bench said.

The top court added, “We don’t find fault with the former judges and former chief justices in not joining. Have a committee of different ministries, including the DoPT, to see what the lapses and loopholes are. Have a uniform manner in which you can provide infrastructure and facilities. After all, they are former chief justices and former Judges of the Supreme Court or high courts.” Banerjee assured the bench that he would convey the message to the Centre.

The top court was hearing a plea filed by the NGT Bar Association, Western Zone, relating to the issue of vacancies in the tribunals. The Centre informed the apex court that two ex-judges, who were offered appointments, did not take charge, and the appointment process would have to be started afresh, which required time.

While disapproving of the conduct of retired judges in declining appointments, the bench said, “This is also not correct on the part of retired high court judges. They don’t want to go here and there,” the bench said.

The top court also rejected the plea of the petitioner that the existing members should be allowed to continue beyond their retirement till the new members were appointed. The matter has now been posted for December 16.