In a significant move to address administrative gridlock, the Supreme Court of India on Tuesday issued a notice to the Central government regarding the persistent staff and member vacancies at the Income Tax Appellate Tribunal (ITAT). To prevent further delays in tax disputation, the apex court suggested a temporary workaround: pulling judicial officers from state High Courts on deputation.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi sought immediate assistance from Attorney General R Venkataramani to ensure that these crucial, long-vacant positions are filled without further delay.
A Stop-Gap Measure to Keep Tribunals Functioning
Recognizing the immediate threat these vacancies pose to the tribunal’s daily operations, the Supreme Court proposed an interim solution.
“Petition to be supplied to the office of Attorney General to ensure that the unfilled posts are filled at the earliest in the Income Tax Appellate Tribunal,” the bench directed. “As a stop-gap measure, tribunals may request High Courts to send judicial officers on deputation where such officers can be spared.”
This temporary mechanism aims to keep the tax tribunals functional while the government coordinates a permanent recruitment process.
Key Administrative Posts Left Unfilled for Years
The court’s intervention comes during the hearing of a Public Interest Litigation (PIL) filed by Parveen Kumar Bansal, an ex-vice president of the ITAT, who raised alarms over the systemic lack of staffing.
Representing the petitioner, Senior Advocate Mukul Rohatgi highlighted the depth of the crisis, pointing out that critical administrative roles have been neglected for a long period. According to Rohatgi, all officer-level positions, including key roles like registrars, have remained entirely vacant for a number of years.
Supreme Court Expresses Surprise Over Long Delays
The revelation that vital administrative machinery had been left hollowed out for years drew sharp concern from the bench. Expressing surprise at how these roles could remain unfilled for such an extended period, the Supreme Court assured the petitioner that it would actively investigate the matter.
In addition to seeking a formal response and action plan from the Centre, the top court assured Rohatgi that it would personally look into the operational and administrative aspects of the issue to ensure a swift resolution.
