Taking strong exception to the prolonged delay, the Supreme Court on Monday directed the Union government and the Jammu and Kashmir administration to provide suitable space within one month for the functioning of the Central Administrative Tribunal (CAT) at Jammu.
The directions came while a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pamcholi was hearing a Public Interest Litigation filed in 2020 by Achal Sharma. The petition flagged the lack of adequate infrastructure and staff, which has been hampering the functioning of the CAT bench at Jammu.
Expressing dissatisfaction over the pace at which the matter was being handled, the bench observed that if the present situation continued, it would take years to secure a dedicated space for the tribunal. Issuing a clear timeline, the Court directed, “The Union of India and the Union territory of Jammu and Kashmir are directed to provide open space as soon as possible but not later than one month” for the CAT to function.
The Court noted that an earlier attempt to shift the tribunal to a private building had failed due to a dispute over ownership of the premises. During the hearing, Additional Solicitor General Aishwarya Bhati, appearing for the Centre, informed the bench that a building owned by the Jammu Development Authority had now been identified for relocating the CAT. Taking note of the submission, the bench directed the authorities to take urgent steps to operationalise the relocation.
At the same time, the Supreme Court underlined the need for a permanent building for the tribunal. It directed the Centre and the J&K administration to identify a suitable site in Jammu for constructing a permanent CAT complex and to initiate steps in this regard within three months. The Court also asked the authorities to file a detailed status report by the end of February next year.
The bench reiterated its concern over staffing issues at judicial and quasi-judicial bodies. Referring to earlier observations made by Chief Justice Kant, the Court noted that reliance on outsourced staff was not advisable. “It is highly desirable that there should be a permanent building, along with proper courtrooms, chambers, offices and staff of the tribunal. It may not be prudent to deploy outsourced staff in judicial and quasi-judicial bodies, where maintenance of records, confidentiality and updating of records are day-to-day challenges,” the Court had earlier observed.
During the proceedings, the Additional Solicitor General stated that vacancies were currently being addressed through outsourcing, a submission that did not find favour with the bench.
The issue of inadequate infrastructure at CAT Jammu has been before the Court for some time. In August last year, the Supreme Court had taken note of the poor facilities and directed the tribunal’s judicial member to file a status report on infrastructural and staffing requirements, observing that the day-to-day functioning of the CAT was being adversely affected due to a shortage of supporting staff.
