'Please Treat Former CJs And HC Judges With Dignity': SC On Lack Of Facilities In Tribunals

New Delhi: The Supreme Court on Tuesday said if the Centre is unable to provide proper facilities, then it should abolish all the tribunals and send all matters to high courts, saying "please treat former chief justices, former judges of the high court who accept your posts with dignity".

The matter came up for hearing before a bench comprising Justices B V Nagarathna and R Mahadevan. The bench said former high court judges are often not inclined to take up post-retirement roles in tribunals due to the lack of amenities. The bench said it does not find fault with the former judges and former chief justices in not joining the tribunals.

The bench orally remarked that all such quasi-judicial bodies should be abolished if the government was unable to mitigate the situation.

"Why are they applying and appearing for the interview and then not taking charge? One of the reasons is, they then get the reality of it, what it is to be a tribunal member. Some of them, if they are chairpersons, were former chief justices of high courts, or former judges of the Supreme Court", said the bench.

“No facility whatsoever is provided to them. Even for stationary they have to go on requesting. How are you treating the tribunals? The fault lies with you (Centre). You have created the tribunals", said the bench. The bench said former judges feel a lot of uncertainty about housing and other amenities after the appointment order.

The bench told additional solicitor general (ASG) Vikramjit Banerjee, "No expenditure is given. They have to go on begging- give us stationary, give us housing, give us this, give us car….".

Citing the reasons for disinclination of judges, the bench said the ricketiest car in your department is given to the chairman of the tribunal chairman, and questioned, is this the way to treat former chief justices and judges?

"Please treat former Chief Justices, former Judges of the High Court who accept your posts with dignity," the bench said.

The bench asked the Centre to have a committee of different ministries, including the DoPT, to access the lapses and loopholes. ASG assured the bench that he would convey the message to the government. The top court was hearing a plea filed by NGT Bar Association Western Zone in connection with the issue of vacancies in the tribunals.

The Centre has informed the top court that two ex-judges, who were offered appointments, did not take charge and the appointment process would have to be started afresh, which required time. The bench did not accept petitioner’s contention that the existing members should be allowed to continue beyond their retirement till the new members were appointed. The apex court has scheduled the matter for further hearing on December 16.