The Supreme Court on Thursday batted for a permanent building, along with permanent staff, for the Jammu and Kashmir Central Administrative Tribunal (CAT), saying it will be prudent for the government not to deploy outsourced staff in judicial and quasi-judicial bodies. A bench of Justices Surya Kant and Ujjal Bhuyan was informed by the Centre that a building has been taken on rent for the functioning of the CAT, Jammu and there will be deployment of outsourced staff.
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The Supreme Court of India, on Thursday, stressed the need for a permanent building and permanent staff for the Jammu and Kashmir Central Administrative Tribunal (CAT). The court said it is better for the government to avoid using outsourced staff in judicial and quasi-judicial bodies.
A bench of Justice Surya Kant and Justice Ujjal Bhuyan discussed the matter during a hearing and was informed by the Central Government that a rented building is currently being used for the Jammu CAT. Additionally, outsourced staff are being deployed for operations.
The bench highlighted,
“It is highly desirable that there should be a permanent building, along with proper courtrooms, chambers, offices and staff of the tribunal. It may not be prudent to deploy outsourced staff in judicial and quasi-judicial bodies, where maintenance of records, confidentiality and updating of records are day-to-day challenges.”
This observation reflects the court’s concern over the importance of a stable and reliable structure for the functioning of judicial institutions.
The matter came up during the hearing of a Public Interest Litigation (PIL) filed by Achal Sharma. Representing the Central Government, Additional Solicitor General (ASG) Aishwarya Bhati informed the bench that vacancies are currently being filled through outsourcing.
Justice Surya Kant expressed dissatisfaction over this arrangement, pointing out that out of 58 sanctioned posts, only 26 are filled on a regular basis, while 10 positions are filled by outsourced staff. He also shared a recent experience, saying:
“Recently, a member of a tribunal met me, and he told me that even high-stake case files are being handled by outsourced staff. In court, you need to have somebody who is completely responsible.”
Justice Surya Kant raised concerns about the current rented setup, stating,
“Why don’t you create permanent infrastructure? Tomorrow, this landlord will file an eviction petition, then again, same problem. The courtroom should have an aura. It should not function from a private house, in a drawing room converted into a courtroom.”
This remark reflects the court’s dissatisfaction with the existing infrastructure and its potential impact on the dignity and efficiency of judicial proceedings. The Supreme Court emphasized the need for proper infrastructure that ensures smooth functioning.
The court had earlier addressed this issue in August 2022, when it noted a lack of infrastructure at the Jammu CAT. The apex court directed the judicial member of the tribunal to submit a status report about the tribunal’s requirements to avoid disruptions in day-to-day functioning.
At that time, the Supreme Court observed that the tribunal’s operations were being negatively affected due to a shortage of supporting staff.
This shortage, combined with the current reliance on outsourced staff, has raised concerns about the effectiveness and confidentiality of tribunal operations.
Judicial and quasi-judicial bodies like the CAT handle sensitive cases, often involving government employees and administrative disputes. The maintenance of records, confidentiality, and regular updates are essential to their functioning. Outsourced staff, while helpful in some roles, may not always be suitable for such critical responsibilities.
Permanent infrastructure, including buildings and staff, is essential for ensuring that judicial bodies maintain their integrity and efficiency. The Supreme Court’s observations underline the urgency of addressing these issues, especially in regions like Jammu and Kashmir, where administrative tribunals play a key role.
The Supreme Court’s emphasis on establishing a permanent building and hiring permanent staff for the Jammu and Kashmir Central Administrative Tribunal is a significant step toward strengthening judicial infrastructure in the region. The government now faces the task of addressing these concerns promptly to ensure the tribunal functions effectively and with dignity.
Case Title:
ACHAL SHARMA Versus UNION OF INDIA AND ORS., W.P.(C) No. 877/2020.
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