Notify transport tribunal within month: HC to govt

Shimla, December 22

The High Court has directed the state government to notify the constitution of the State Transport Appellate Tribunal within one month.

The court directed it to provide the paraphernalia, including building, necessary staff and other infrastructure, as per the workload available.

Provide paraphernalia

• Court directed govt to provide paraphernalia like building, necessary staff and other infrastructure, as per the workload available with the tribunal.
• “It is surprising that the government, despite specific orders repeatedly passed by this court, has failed to send the proposal for setting up independent tribunal.” the court observed.

Passing this order last week, the court observed, “It is surprising that the government, despite specific orders repeatedly passed by this court, has failed to send the proposal for setting up independent tribunal. In subsequent orders, this court has taken note of the fact that the government has not so far taken any decision to set up an independent State Transport Appellate Tribunal and has been dilly-dallying the matter for the past four years.”

The court further said, “This court, in its earlier orders, observed that the Law Secretary cannot discharge the quasi judicial functions of the tribunal and rightly so because for him to preside over the tribunal while simultaneously working as Law Secretary of the state could give rise to a conflict of interest because he may have to in that capacity deal with matter involving the interest of the state.”

The court passed the order on a petition highlighting the issue of non-constitution of the tribunal.

The court also clarified in its order, “When the tribunal is constituted, it has to be given all paraphernalia, including building and necessary staff. As to who should be posted as Presiding Officer in the tribunal and whether one presiding officer of the tribunal should be given additional charge of another tribunal, would be a matter to be decided by the High Court on administrative side once the regular tribunal is constituted by the government in consultation with the High Court.”

The court listed the matter for compliance of its order on February 25. — OC

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