Kerala High Court Issues Contempt Notice To Union Govt Secretaries Over Delay In Appointment Of KAT Chairman

The Kerala High Court has issued contempt notice to the Secretaries of the Central Government for its failure to appoint a Chairman for the Kerala Administrative Tribunal within the stipulated time as directed by the Court. 

A Division Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath issued notice to the Secretary of Union Cabinet as well as the Secretary of Department of Personnel and Training to that effect.

This development ensued in a contempt petition preferred by the Kerala Administrative Tribunal Ernakulam Advocates Association. The Cabinet Secretary Rajiv Gauba IAS and the DoPT head  Deepak Khandekar IAS are arrayed as the respondent in the contempt petition. 

Advocate Vinod Madhavan represented the petitioner in the matter.  

The Chairperson and Members of the Administrative Tribunals for a State are appointed by the President of India in consultation with the Governor of the concerned State.

A Division Bench had earlier directed the Union to appoint a Chairman for KAT within 3 weeks after a PIL was filed by the Kerala Administrative Tribunal Ernakulam Advocates Association praying for such appointment.

The contempt petition has been filed contending that despite the expiry of the said 3 weeks, the appointment has not been made. 

Two other petitions have also reached the Court seeking an expeditious appointment of a Charman to the Tribunal. In most of these matters, the grievance is that unless such an appointment is made, the functioning of the Tribunal may come to a standstill.