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    Abolish tribunals if you can’t give amenities to members: SC to Centre

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    By Odishatv Bureau

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    Abolish tribunals if you can't give amenities to members: SC to Centre

    The Supreme Court on Tuesday attributed the disinclination of former high court judges in taking up post retirement roles in tribunals to the lack of amenities and remarked all such quasi-judicial bodies should be abolished if the government was unable to mitigate the situation.
    A bench comprising Justices B V Nagarathna and R Mahadevan flagged the lack of proper facilities as the reason behind the retired judges feeling discouraged.
    The apex court said if the Centre couldnt provide the facilities then it should abolish all the tribunals and send all matters to high courts.
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    quotWhy 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 they were former chief justices of high courts or former judges of the Supreme Court. 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 union. You have created the tribunalsquot the court said.
    The bench went on to tell Additional Solicitor General Vikramjit Banerjee quotParliament has passed the Acts. Judicial impact is not taken. No expenditure is given. They have to go on begging- give us stationary give us housing give us this give us car. The most rickety car in your department is given to the Tribunal Chairman. How are you treating the former Chief Justices and Judges? Therefore they have a reason not to accept it because the reality flashes to them.quot
    The top court said the retired Judges feel a lot of uncertainty about housing and other amenities after the appointment order.
    quotWe are telling you without casting any aspersions anywhere. Please treat former Chief Justices former Judges of the High Court who accept your posts with dignityquot the bench said.
    The top court added quotWe dont find fault with the former judges and former chief justices in not joining. Have a committee of different ministries including the DoPT to see what are the lapses and loopholes. Have a uniform manner in which you can provide infrastructure and facilities. After all they are former chief justices and former Judges of the Supreme Court or high courts.quot
    Banerjee assured the bench that he would convey the message to the Centre.
    The top court was hearing a plea filed by NGT Bar Association Western Zone relating to the issue of vacancies in the tribunals.
    The Centre informed the apex 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.
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    While disapproving the conduct of retired judges in declining appointments the bench saidquotThis is also not correct on the part of retired high court judges. They dont want to go here and therequot the bench said.
    The top court also rejected the plea of petitioner that the existing members should be allowed to continue beyond their retirement till the new members were appointed.
    The matter has now been posted for December 16.

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