'If can't treat ex-CJs, judges with dignity, why not abolish all tribunals', Supreme Court to Centre on lack of facilities

New Delhi: The Supreme Court on Tuesday said that if the Centre is unable to provide proper facilities, then it should abolish all the tribunals and send all matters to high courts.

"Please treat former chief justices, former judges of the high court who accept your posts with dignity," the court told the Union government.

A bench of Justices B V Nagarathna and R Mahadevan said former high court judges are often not inclined to take up post-retirement roles in tribunals due to the lack of amenities.

The court said it does not find fault with the former judges and former chief justices in not joining the tribunals.

The court made strong oral observations that all such quasi-judicial bodies should be abolished if the government was unable to mitigate the situation.

"Why are they applying and appearing for the interview and then not taking charge? One of the reasons is, they then get the reality of it, what it is to be a tribunal member. Some of them, if they are chairpersons, were former chief justices of high courts, or former judges of the Supreme Court," the bench pointed out.

The top court was hearing a plea filed by NGT Bar Association Western Zone in connection with the issue of vacancies in the tribunals.

The Centre informed the top court that two ex-judges, who were offered appointments, did not take charge and the appointment process would have to be started afresh, which required time.

The bench did not agree to a contention that the existing members should be allowed to continue beyond their retirement till the new members were appointed.

Expressing its anguish, the court said no facility whatsoever is provided to them.

"Even for stationary they have to go on requesting. How are you treating the tribunals? The fault lies with you (Centre). You have created the tribunals," the bench told the Centre's counsel.

The bench said former judges also feel a lot of uncertainty about housing and other amenities after the appointment order.

The court told Additional Solicitor General Vikramjit Banerjee, "No expenditure is given. They have to go on begging- give us stationary, give us housing, give us this, give us car."

Further spelling out the reasons for disinclination of judges, the bench told the counsel, the ricketiest car in the department is given to the chairman of the tribunal.

"Is this the way to treat former chief justices and judges? Please treat former Chief Justices, former Judges of the High Court who accept your posts with dignity," the bench said.

The bench asked the Centre to have a committee of different ministries, including the DoPT, to assess the lapses and loopholes.

The ASG assured that he would convey the message to the government. The court fixed the matter for further hearing on December 16.