Jammu and Kashmir High Court on Tuesday asked Assistant Solicitor General of India, Vishal Sharma, to seek instructions from the competent authority about setting up one bench of Central Administrative Tribunal (CAT) each at Jammu and Srinagar.
A division bench of Justice Rajesh Bindal and Justice Sanjay Dhar asked the ASGI to seek the instructions after advocate Abhinav Sharma suggested that one bench each at Jammu and Srinagar be set up to start with.
The court also asked the ASGI to coordinate with Additional Advocate General Aseem Sawhney for inspection of the buildings for the benches at Jammu and Srinagar besides the residential accommodation for the members of the CAT.
The court issued the directions after the ASGI submitted that immediate steps were being taken to constitute bench of CAT in J&K.
For this purpose, the ASGI said, proper infrastructure such as court rooms and the residential accommodation for the members of the bench will be required. “Number of members of bench will be decided by the Chairman of CAT considering the requirement as per the cases filed and transferred from High Court,” he said. He said the moment appropriate accommodation was provided to CAT, required staff shall be deputed to take charge of files of the pending cases from the High Court.
Appearing on behalf of the J&K government, Advocate General D C Raina suggested the building which earlier housed office of Accountability Commission for using as court by CAT at Jammu. Some other suitable vacant government buildings, he said, can also be short listed. He further apprised the court that one building was short listed at Srinagar also but the same having been declared as heritage building, another one is being located. “The needful shall be done in a couple of days.”
As far as residential accommodation for the members of CAT is concerned, the AG said there are number of Government houses lying vacant at Jammu as well as Srinagar. Allotment, he said, shall be made befitting the status of the members of CAT. He further suggested that some officer from CAT may inspect the premises regarding their suitability so that further steps could be taken.
Appearing on behalf of the petitioners, Advocate Gagan Basotra submitted that accommodation in the building suggested by the AG may not be sufficient.
Abhinav Sharma, President of the Bar Association Jammu, who was also assisting the court submitted that on an average 25-30 cases are filed daily before both the benches of the High Court pertaining to service matters and one bench in the UT of J&K may not be sufficient. “There should be at least be one bench each at Jammu and Srinagar to start with.” The court adjourned the case till May 29.
The Court was hearing a PIL by two lawyers – Advocate Aditya Sharma and Advocate Ramesh Padha- seeking directions for setting up of permanent benches of the CAT in Srinagar and Jammu. The plea is also challenging extension of jurisdiction of Chandigarh bench of the quasi-judicial body over the UT of J&K.
The petition underscores that the notification issued on April 29 by Department of Personnel and Training (DOPT) is an “ex-facie arbitrary” and “capricious exercise of power which have no nexus with the object to be achieved for which the Tribunals were created by way of 42nd Amendment in the Constitution of India.”
The petition seeks directions for putting the notification on hold till the supreme court decides the petitions challenging abrogation of Article 370 and Jammu & Kashmir Re-organisation Act.