Law commission favours creation of state administrative tribunal
‘Imperative given huge pendency of service matters in courts’
The J&K law commission has recommended creation of the State Administrative Tribunal for adjudication of disputes and complaints relating to recruitment and condition of service of government employees in the State.
The panel headed by Justice (Retd) MK Hanjura made therecommendation in its first report submitted to Chief Secretary BVRSubrahmanyam on Tuesday.
The Commission has cited huge pendency of service-relatedmatters in J&K High Court, and constitution of similar quasi-judicialbodies in other States to back the recommendation.
"The constitution of such a Tribunal becomes all the moreimportant and imperative taking into consideration the huge pendency of servicematters in the High Court of Jammu and Kashmir. These comprise a huge chunk ofcases numbering more than 26,552 minus the contempt petitions arising out ofthem," reads the panel report.
It goes on to say the Tribunal will also facilitate theCourt to attend to other cases pending disposal since long.
"A case cannot be dragged over a very unconscionably longperiod, during which, any petitioner if he/she is a normal average human beingwill face mental agony, torture, pain and suffer anguish and anxiety about anuncertain, vague, uncertain and unstructured future, both of his life and jobduring pendency of case. There are some petitioners in the service matters whohave entered in the 6th, 7th and 8th decade of their life tottering or ratherdoddering their way to register their presence in the court, on the dates ofhearing, some alone and forlorn, and, some accompanied by epigones," the reportstates.
It has described Uttar Pradesh Tribunal model a better whichcould be improved with slight modifications and amendments.
"The Acts and Rules as formulated and promulgated by variousstates for smooth functioning of the Administrative Tribunals can be seen andexamined for their application to the state of Jammu and Kashmir. However, theUttar Pradesh model appears to be a better one with slight modifications,application and amendments as may be relevant to the State particularly inlight of the age of the incumbents manning the posts of the Chairman and theMembers of the tribunal which may be specified and provided on the same analogyas has been worked out in the case of the Accountability and the Human RightsCommissions," the report states.
Approved in 2017 by the cabinet, the law commission becamefunctional in January this year with appointment of its head.
It is mandated to identify the obsolete and redundant lawsfrom statute book of the state. Among other things, the Commission has tosuggest measures for elimination of delays, speedy clearance of arrears andreduction in costs to secure quick and economical disposal of cases.