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SC directs ASG to provide affidavit on progress of CAT members' appointments
8/25/2023 10:31:43 PM
Early Times Report
JAMMU, Aug 25: In a recent development, the Supreme Court bench comprising Justice Sanjay Kishan Koul and Justice Sudhanshu Dulia directed the Additional Solicitor General (ASG) to submit an affidavit regarding the progress of appointments of Central Administrative Tribunal (CAT) members in Jammu and Kashmir. This direction came during the hearing of a petition filed by Advocate Achal Sharma regarding the appointment of CAT members in the region. The Supreme Court also instructed the Jammu and Kashmir Government to file an affidavit regarding the availability of spaces required to house the two Tribunals.
The ASG presented records indicating that the sanctioned strength of CAT members across the country is 70, consisting of 35 Judicial Members and 35 Administrative Members. Currently, there are 23 Judicial Members and 22 Administrative Members occupied positions, including extensions granted. This leaves 12 vacancies for Judicial Members and 13 for Administrative Members across the country.
However, the Court noted that this data can be misleading, as many matters are being attended to virtually from other Benches. The Court emphasized that while the Tribunal's strength is important, infrastructure and support staff are equally crucial for its effective functioning.
The Supreme Court stressed the importance of proper groundwork before establishing a Tribunal, including providing adequate infrastructure and staff. It also highlighted the need for a legal impact study before creating such entities.
Regarding the pendency of cases, the data showed that while 1429 cases have been returned to the Tribunal from the High Court, more than 11,000 cases are pending, resulting in a total of around 16,000 pending cases. The Court emphasized that the process could be expedited by appointing more Tribunal Members.
The ASG requested time to submit an affidavit detailing the progress of CAT member appointments. The Court further directed the State to file an affidavit regarding the location of requisite spaces for housing the two Tribunals.
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