Supreme Court Issues Notice On Plea Filed By CAT Bar Association, Kolkata For Filling Up Vacancies

The Counsel appearing for the Bar Association submitted -

"At present there is no member. Actually only one member is sitting. He will also retire in September."

While issuing notice, considering the urgency, a Bench comprising Justices D.Y. Chandrachud and Hima Kohli indicated that it would take up the matter at the earliest.

The Apex Court is already in seisin of the issue pertaining to vacancies in the petition filed by the CAT (Principal Bench) Bar Association submitted that although 35 Judicial Members including the Chairman & 35 Administrative Members cater to 19 benches and 8 circuit benches, due to retirement of members at regular intervals, many benches of the Tribunals have become non functional.

"As on 31st March, 2022 the Guwahati Bench has become totally non-functional as no Member is available there. Besides the Jabalpur Bench, Cuttack Bench, Lucknow Bench, Jammu and Srinagar Bench are left with only one member either Judicial or Administrative because of which no division bench can be constituted there."

As per that petition, if the said situation continues for a couple of more months, more than half of the sanctioned benches of the Central Administrative Tribunal will become non-functional.

Taking note of the vacancies in the Central Administrative Tribunals, the Supreme Court in exercise of extraordinary powers under Article 142 of the Constitution of India, 1950 passed an order directing incumbents who are holding the post of members of CAT as judicial or administrative members to continue to function even beyond their term, subject to their consent and availability. ASG, Mr. Balbir Singh had informed the Bench that the process of appointment is underway.

When the matter came up last on 25.08.2022, Justice Chandrachud stated that the Selection Committee comprising judges of the Supreme Court is undertaking the process to fill up the vacancies. In view of the same, he requested the Principal Bench Bar Association to have some patience.

"Selections are going on, wait a little. Our own judges are chairing the Secretion Committee, the posts would be filled up. Matter will retain its position."

[Case Title: CAT Bar Association Kolkata And Anr. v. UoI And Ors. WP(C) No. 662/2022]

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