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Synopsis

A division bench of the Bombay High Court comprising Chief Justice Devendra K Upadhyaya and Justice Arif Doctor on Wednesday asked the Central Government to fill the vacancies in Maharashtra Administrative Tribunal at the earliest while observing that slackness on the part of the authorities cannot be approved of.

“Considering the nature of the functions and duties performed by the State Administrative Tribunal, slackness on the part of the authorities in filling up the vacancies in the office of the Members cannot be approved of,” the court observed.

The division bench of the high court was hearing a public interest litigation filed by one Yogesh Morbale, an advocate in Kolhapur who raised the grievance of non-functioning of the tribunal.

The high court was informed that the search-cum-selection committee made its recommendations for filling up the aforesaid four vacancies on 24th April 2023, however, the State Government took some time in sending the recommendations to the Central Government.

The bench, in its order, emphasized that the Central Government should have ideally taken a decision within three months. However, the delay in appointing the Members of the Tribunal, both judicial and administrative, has been caused due to the State Government's slackness in sending recommendations to the Central Government.

The counsel representing the Central Government informed the high court that they have received recommendations from the State Government regarding the four vacancies. However, before finalizing the appointments, the Central Government needs to verify the antecedents of the recommended candidates. The bench was informed that the matter will then be taken up by the Appointment Committee of the Cabinet (ACC), which is expected to take around three months to complete the process.

The bench accepted the statement and said that the final decision should be taken by the 1st week of October.

“Having considered the said submission and having taken into account the overall facts, which are present before us, we are of the opinion that, the vacancies in the post of Members of Administrative Tribunal should be filled in at the earliest. Thus considering the urgency in the matter, we expect that the final decision in the matter on the recommendations made by the Search-cum-Selection Committee shall be taken by the Central Government by the end of 1st week of October 2023,” the court noted.

The bench was also informed about the non-functioning of the Nagpur and Aurangabad tribunals due to vacancies, which compelled lawyers to physically approach the Mumbai tribunal.

The bench responded and urged the State Government to look into the proposal of video conferencing facilities and take a prompt decision, keeping in view the observations made in their order.

Case title: Yogesh Prakash Morbale vs The Registrar, Maharashtra Administrative Tribunal & Ors.