'Not Prudent To Deploy Outsourced Staff In Judicial Institutions' : Supreme Court Raises Concerns About CAT Jammu Bench

While dealing with a matter pertaining to functioning of the Central Administrative Tribunal (CAT) bench at Jammu, the Supreme Court today flagged concerns about outsourcing of private individuals into judicial institutions and running of the institutions at private properties.

"It is highly desirable that there should be a permanent building of the Tribunal alongwith proper courtrooms, chambers, officers and other staff of the Tribunal. Similarly, it may not be prudent to deploy the outsourced staff in judicial/quasi-judicial institutions where maintenance of records, confidentiality and updating of records are day-to-day challenges", said a bench of Justices Surya Kant and Ujjal Bhuyan.

To recapitulate, this is the case where, in December, 2023, the Supreme Court was informed of a tentative proposal as per which, once the new complex for Jammu & Kashmir and Ladakh High Court is completed, the CAT bench at Jammu could shift into the old building.

Today, the bench of Justices Kant and Bhuyan considered a status report filed by the Union highlighting subsequent developments. This status report explained that pursuant to a meeting held in December, a private building has been decided to be taken on rent as a make-shift arrangement. Although, there are some shortcomings in the said building and the work regarding removal of deficiencies has been undertaken, which is likely to be completed by the end of January, 2025.

On the requirement of additional staff, the status report stated that out of 58 sanctioned posts, 26 have been filled-up on regular basis, whereas 10 have been filled-up by outsourced staff. Some posts have been circulated to bring on persons on deputation.

After going through the status report, Justice Kant impressed upon Additional Solicitor General Aishwarya Bhati that CAT bench at Jammu appears to be a permanent feature, as it has been functional for decades.

"Whenever this status of Union Territory goes, even then Jammu has always been having a bench of CAT...even if it is a state, still you have sufficient work to continue one bench of Tribunal there in Jammu...so why don't you create permanent infrastructure? Tomorrow, this private landlord will file an eviction petition, then again same problem...rent paid, not paid...the courtroom should have an aura. In a private house, in a drawing room converted into a courtroom, how can the court function like this? The Tribunal is ultimately substitute of the High Court there."

Recalling a conversation with certain Central Administrative Tribunal members during an official meet, Justice Kant further posed questions about accountability in case an outsourced staff member runs away with confidential documents. "The members came to me and said that they are permitted to engage outsourced staff...the cases are of very high stakes...sometimes, dispute involves 100s and 1000s of crores...they said if some outsourced staff takes away the record of a case, who will be responsible? It's not a bus stand or railway station that anyone can come and work there. You need to have somebody who is completely accountable. What will happen if some private agency hired person runs away with records?"

In response, the ASG said that the outsourcing through private entities is only a temporary measure. Subsequently, Justice Kant suggested that while the state government can allot land, the Union can provide funds for construction.

Giving 4 weeks' time given to ASG Bhati to obtain instructions, the Court said that a fresh status report in respect of the shifting of the Tribunal to the rented building may also be filed.

Case Title: ACHAL SHARMA Versus UNION OF INDIA AND ORS., W.P.(C) No. 877/2020

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