SC bats for permanent infra for J&K tribunal, flags handling of documents by outsourced staff

The Supreme Court has 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.

“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,” the Bench said in its order on Thursday.

During the hearing of a PIL filed by one Achal Sharma, the Bench was informed by Additional Solicitor General Aishwarya Bhati, representing the Centre, that the government is filling up the vacancies by outsourcing.

The Bench said of the 58 sanctioned posts, 26 are filled up on a regular basis, whereas 10 are filled up by outsourced staff. “In court, you need to have somebody who is completely responsible,” he said, adding that in the case of Jammu, there was always a Bench of the CAT.

Justice Surya Kant further told the ASG, “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.” In August last year, noting a lack of infrastructure at the CAT, Jammu, the top court directed the tribunal’s judicial member to file a status report on the requirements, so that its day-to-day functioning is not hampered. It had noted that the functioning of the tribunal was affected due to a shortage of the supporting staff.