[Tribunal vacancies] Supreme Court asks High Courts to entertain applications to be filed before DRT, DRAT

Given the lack of personnel at the Debts Recovery Tribunal (DRT) and the Debts Recovery Appellate Tribunal (DRAT), the Supreme Court today asked the High Courts to entertain applications that are filed before these fora as a stop-gap measure..While hearing a batch of pleas concerning vacancies at different tribunals across the country, Bench of Chief Justice of India NV Ramana and Justices DY Chandrachud and L Nageswara Rao ordered,"It was brought to our notice that there are problems regarding non appointment of members to DRT, DRAT...for the time being, we request the High Courts entertain the applications which they have to file before DRT, DRAT under Article 226...Once Tribunal is constituted, the matters can be relegated back to the Tribunal.".This specific plea was filed by the Madhya Pradesh Bar Council against the Delhi High Court's July 9 order which refused to stay the notification attaching the DRT Jabalpur's jurisdiction to DRT Lucknow. The Court noted that a search and selection committee has been constituted and that appointments will be completed shortly.Senior Advocate Nidhesh Gupta and Advocates Siddharth Gupta and Mrigank Prabhakar, appearing for the State Bar Council, pointed out that hearings before the DRT Jabalpur are not taking place regularly.At this point, Attorney General KK Venugopal, appearing for the Central government, said that the Central Administrative Tribunal (CAT) Jabalpur had declined to take up the issue in view of the large number of cases before it."I will ask the committee members to expedite the process and complete it within the vacation time," CJI Ramana replied.Justice Rao observed that only dates were being given during the hearings held through video conferencing, amounting to a violation of access to justice. CJI Ramana then said,"We will allow for time being the committee to expedite the appointments. Let the High Courts entertain these applications for the time being and by that time members will be appointed and matters can go back to the tribunal.".During the hearing of a related matter, counsel for the petitioner pointed out that 41 names were recommended for appointment to the Income Tax Appellate Tribunal (ITAT) in 2019, and only 22 have been approved. The Court then noted that there were 28 recommendations and asked what the status was on the other 6. AG Venugopal said that the 6 names were not approved after considering police and medical reports. CJI Ramana then said,"Ask your officers to immediately issue appointment orders to the 22 and not delay it because of the 6 names."The Court also called for the reasons for not appointing the remaining 6 names by the next date of hearing..The matter will be next heard in January.