SC pulls up Govt for not appointing members in Tribunals

The Supreme Court today pulled up the Centre for "sitting over" for months on the recommendation of the Chief Justice of India for appointments in various tribunals including CAT, ITAT and NGT saying that litigants should not suffer due to vacancies in quasi judicial bodies. 

A bench of Justices T S Thakur, Rohinton F Nariman and P C Pant asked attorney general Mukul Rohatgi to why the government was not clearing the names which were recommended by CJI months ago. It also asked the government to consider extending the tenure of judges and other members of tribunals on ad-hoc basis till a new appointment is made. 

"There is no sense of urgency at all on the part of the government," the bench said while pointing out that recommendation for appointment in income tax appellate tribunal (ITAT) was forwarded eight months back and government had not taken any decision till date. 

"We cleared the names eight months back but the government is sitting over it. We don't know why," the bench said asking the AG to look into the issue. It also said that recommendations were also made months ago for appointments in central administrative tribunal and national green tribunal but no decision had been taken by the government so far. 

It said that litigants suffer die to vacancies in tribunals resulting in huge pendency of cases. 

"Why don't you consider that judges should continue to function on an ad-hoc basis even after retirement till fresh appointment is made? Why don't you follow the principle 'king continues to function till successor is appointed'? You seriously consider it," the bench said. 

The court said that some retired judges, whose names were recommended, backed out due to delay in the appointment. 

"Before anybody files a PIL on this issue and you feel embarrassed, you look into it and take a decision," it said. 

The court was hearing a PIL challenging constitutional validity of National Company Law Tribunal and National Company Law Appellate Tribunal. (Times of India)