Deptts’ cooperation imperative to further increase percentage
*Nearly 15000 cases still pending for adjudication
Mohinder Verma
JAMMU, Apr 6: The Central Administrative Tribunal (CAT) Jammu has disposed of 65% cases while as Srinagar Bench has decided 54% cases ever since their constitution. However, the disposal rate can further increase considerably provided the Government departments extend necessary cooperation in deciding the matters by timely furnishing the response to the notices of the Tribunal and by implementing the judgments.
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The Jammu Bench of the Central Administrative Tribunal was constituted on June 8, 2020 while as Srinagar Bench came into existence on November 23, 2021 for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services. Accordingly, all the pending cases were transferred to both the Benches from other courts for disposal.
As far as Jammu Bench of the Central Administrative Tribunal is concerned, a total of 22053 cases have been filed till date and 14459 of them have been disposed of by the Bench as such the cases disposal percentage is 65. A total of 7242 cases are pending before the Bench for disposal as on April 6, 2024.
Likewise, a total of 19220 cases have been filed before the Srinagar Bench of the Central Administrative Tribunal till date and 10909 of them have been disposed of as such cases disposal rate is 56%. A total of 7723 cases are pending before Srinagar Bench for disposal.
“No doubt there is significant progress in disposal of cases by both the Benches of the Central Administrative Tribunal but the disposal rate can be on much higher side provided the Government departments extend necessary and timely cooperation in the form of furnishing replies and implementation of the orders/judgments”, official sources told EXCELSIOR.
Both the Benches, in several orders, have already expressed concern over lack of cooperation from the Government departments in timely disposal of matters pending before Tribunal.
While passing strictures against the departments for taking its orders and observations casually, both the Benches of the CAT have a number of times warned of initiating contempt proceedings against the authorities for circumventing the judicial orders. Moreover, the Benches have already conveyed, “we don’t feel happy in calling the officers, high or low, in the court as they are more required in public to mitigate their sufferings rather than be present before the court. However, it seems that the authorities concerned are taking these observations casually”.
It is pertinent to mention here that CAT can initiate proceedings in terms of Section 17 of the Administrative Tribunal Act, 1985 which mandates that the Tribunal shall have the same jurisdiction, power and authority while dealing with contempt petitions as that of High Court and the Tribunal may, for this purpose, exercise the provisions of Contempt of Courts Act, 1971 as well read with the Contempt of Court (Rules, 1992) which prescribes the procedure for initiation of contempt proceedings.
Both the Benches, all along, showered grace and respect to the Government departments with the expectation that orders will be complied but situation has not improved up to the required level.
Few days back, Jammu Bench of Central Administrative Tribunal held indifferent attitude of the officials responsible for pendency of case and asked the Government of the Union Territory of Jammu and Kashmir to direct all the departments to ensure timely compliance of Tribunal orders.
“The courts are being accused of huge pendency of cases but probably nobody has realised that its reason is on account of indifferent and callous attitude of Government officials who instead of shouldering responsibility compel the general public to approach the court of law”, the Bench had mentioned in the order.
Not only this, the vacant posts in both the Benches of the Central Administrative Tribunal should be filled so that disposal of cases increases further.
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