The Supreme Court on Tuesday attributed the disinclination of former High Court judges in taking up post retirement roles in tribunals to the lack of amenities and remarked all such quasi-judicial bodies should be abolished if the Government was unable to mitigate the situation.
A bench comprising Justices BV Nagarathna and R Mahadevan flagged the lack of proper facilities as the reason behind the retired judges feeling discouraged.
The top court said if the Centre couldn’t provide the facilities, then it should abolish all the tribunals and send all matters to high courts.
“Why are they applying and appearing for the interview and then not taking charge? One of the reasons is, they then get the reality of it, what it is to be a Tribunal Member. Some of them, if they are chairpersons, they were former Chief Justices of High Courts, or former judges of the Supreme Court. No facility whatsoever is provided to them. Even for stationary they have to go on 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 stationary, give us housing, give us this, give us 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 are the lapses and loopholes.
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 NGT Bar Association Western Zone relating to the issue of vacancies in the tribunals.
The Centre informed the top 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 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 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.
