Vacancies in Tribunals: Tribunal-wise data on the vacancies in the appointment of judicial members of tribunal – Rajya Sabha QA

 Vacancies in Tribunals: Tribunal-wise data on the vacancies in the appointment of judicial members of tribunal – Rajya Sabha QA

GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF LEGAL AFFIARS

Rajya Sabha Unstarred Question No. 1060
TO BE ANSWERED ON THURSDAY, THE 15.12.2022

Vacancies in Tribunals

1060. Smt. Priyanka Chaturvedi
Will the Minister of LAW AND JUSTICE be pleased to state:

(a) tribunal-wise data on the vacancies in the appointment of judicial members of tribunal;

(b) the reasons for the continuance of vacancies/delay in appointment; and

(c) the details of the break-up of vacancies created and filled during the last five years?

ANSWER

MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

(a) to (c) : Yes sir. Information has been compiled and is as per Annexure-A

Annexure-A

(a) tribunal-wise data on the vacancies in the appointment of judicial members of tribunal	(b) the reasons for the continuance of vacancies/delay in appointment;	(c) the details of the break-up of vacancies created and filled during the last five years
Ministry of Corporate Affairs	NCLT S. No. Post Name No. of post vacant 1 Judicial Member 13 2 Technical Member 11 Total 24 NCLAT S. No. Post Name No. of post vacant 1 Judicial Member 01	Filling up of vacancies of Members is a continuous process and vacancies are filled from time to time. As far as NCLT is concerned, in 2021, 20 Members were appointed and in 2022, appointment of 15 Members was approved by the Government out of which, 11 have already joined. Process for rest of the vacancies has also been initiated. Similarly, in NCLAT, 05 Members have been appointed in 2022, and process for subsequent vacancies has been initiated.	NCLT (Sanctioned strength-01 President and 31 Technical Members) Year Vacancies created (Members) Vacancies filled (Members) In position (at the end of year) 2018 0 5 27 2019 8 29 48 2020 7 — 41 2021 14 20 47 2022 20 11 38 NCLAT (Sanctioned strength-01 Chairperson, 05 Judicial Members and 06 Technical Members) Year Vacancies created (Members) Vacancies filled (Members) In position (at the end of year) 2018 0 0 3 2019 0 5 8 2020 0 3 11 2021 3 – 8 2022 3 5 10

 

 

Ministry of Environment, Forest & Climate Change	As per Section 4(1) of the NGT Act, 2010, the Tribunal shall consist of not less than ten but subject to maximum of twenty full time Judicial Members. As on 12.12.2022, the sanctioned strength of Judicial Members in the National Green Tribunal (NGT) is ten (10). Out of the sanctioned strength of 10 Judicial Members, four (04) posts of Judicial Members are lying vacant.		Year Vacancies filled up No. of vacancies of Judicial Members 2018 (as on 01.01.2018) 5 5 2019(as on 01.01.2019) 4 6 2020(as on 01.01.2020) 3 7 2021(as on 01.01.2021) 3 7 2022 (as on 01.01.2022) 6 4
Ministry of Labour & Employment	Central Government Industrial Tribunal cum Labour Court/National Industrical Tribunal, Presiding Officers at Jaipur, Gauhati, Mumbai-I, NIT, Chandigarh-II, Dhanbad-I, Bengaluru, Nagpur, Jabalpur are vacant and the posts are being held by Additional Charge.	Due to litigation in the Hon’ble Supreme Court of India, the appointment of PO in CGIT-cum-LCs/NITs could not be filled up since 2019. After the notification of the Tribunal (Conditions of Service) Rules, 2021, process has been started and at present, out of 22 posts of PO in CGIT- cum-LCs/NITs, 13 posts are filled up. Additional charge arrangement exists for 8 CGIT-cum-LCs/NITs and a proposal for entrustment of additional charge has been sent to ACC for remaining 01 post, i.e, CGIT, Nagpur.	A statement of occured and filled up vacancies in the past 5 years is placed S.No. Year Vacancy occurred Vacancy filed 1 2018 Asansol, Kanpur (02) Kolkata, Delhi-II, Chennai, Dhanbad-II, Chandigarh-II, Jaipur, Ernakulam, Dhanbad-I (08) 2 2019 Delhi-I, Ahmedabad, Lucknow (03) Jabalpur, Bangalore, Mumbai-I (03) 3 2020 Mumbai-II, Kolkata, Hyderabad, Bhubaneswar (04) Kanpur (01) 4 2021 Bangalore, Chandigarh-II, Mumbai-I, Guwahati (04) – 5 2022 Jaipur, Jabalpur, Ernakulam, Dhanbad-I, Nagpur (05) Bhubaneswar, Chandigarh-I, Asansol, Delhi-I, Ahmedabad, Lucknow, Kolkata, Hyderabad, Mumbai-II (09)

 

Ministry of Finance (DRT)	As per Section (4) of RDB Act,1993 the Debts Recovery Tribunals (DRTs) consists of one person only termed as Presiding Officer (PO) and is appointed by the Central Government. The tribunal-wise data on the vacancies as on 13.12.2022 is as under: – # There are four (04) vacant posts of Presiding Officer in DRTs at (i) DRT, Madurai, (ii) DRT-2, Delhi, (iii) DRT -3 Kolkata and (iv) DRT-2, Kolkata. Sl N o Name Tribunal Designation Sancti oned Posts In position Vacant 1. Debts Recovery Tribunal (DRT) Presiding Officer (PO) 39 35 4#	Sl. No. Nam e of DRT Date of Vaca ncy Remarks by the Department 1. DRT- 2 Delhi 01.11. 2022 Additional Charge for vacant posts of POs has been assigned in all four DRTs. 2. DRT-2 Kolkat 02.08. 2022 3. DRT-3 Kolkat 16.07. 2022 4. DRT Mad urai 21.10. 1. DRT- 2 Delhi 01.11. 2022 Additional Charge for vacant posts of POs has been assigned in all four DRTs.	the details of the break-up of vacancies created and filled during the last five years Year Designation Vacancy created during the year Vacancy filled during the year 2018 Presiding Officer (PO) 3 3 2019 10 – 2020 9 13 2021 16 – 2022 3 23
Ministry of Personnel, Public Grievance and Pension (DoPT)	In CAT, there are 09 vacancies of Judicial Members for the year2022. The process for filling up these vacancies has already been initiated and Chairman of Search- cum-search Committee (ScSC) has been nominated by the Hon’ble Chief Justice of India.		Break-up of vacancies of Judicial Members i CAT that arose and filled up during the last five years is as under:- S. No. Year Vacancy of Judicial Member Filed up During year 1 2018 15 06 10 2 2019 11 03 01 3 2020 13 03 00 4 2021 16 03+02* 02 5 2022 17 09 19 *02 posts of JM were created for newly Benches of CAT at Jammu and Srinagar.

 

Securities Appellate Tribunal (SAT)	There is no vacancy of Judicial Member	NIL	NIL
Income Tax Appellate Tribunal (ITAT)	Vacancy position as on 13/12/2022 in Income Tax Appellate Tribunal (ITAT) S.No. Name of Post Sanctioned Strength Filled Vacant 1. Judicial Member 63 45 18	Occurring and filing up of vacancies in ITAT, like other Government organisation, is a continuous process. From time to time, the Government issues instructions for filing up the vacancies to all the Ministries/Departments/ Organisation and ITAT complies with the same.	Year Vacancy of Judicial Member Filed up 2018 3 1 2019 1 — 2020 1 — 2021 6 11 2022 2 1
Railway Claim Tribunal (RCT)	Vacancy position as on 13/12/2022 in Railway Claims Tribunal (RCT) S.No. Name of Post Sanctioned Strength Working Vacant 1. Vice Chairman (Judicial) 02 00 02 2. Judicial Member 20 04 16	Filling up of vacancies in RCT is a continuous process and due to Court cases and other Administrative reasons the posts could not be filled up. Vacancy notices for two posts of Vice-Chairman (Judicial), two posts of Vice-Chairman (Technical), 16 posts of Judicial Member and seven posts of Technical Member against vacancies existing and expected in RCT up to 31.12.2022 were issued on 18.09.2021. The selection process has also been finalized by the Search-cum-Selection- Committee under the chairmanship of Hon’ble Mr. Justice B.R.Gavai, Judge, Supreme Court, in October, 2022 and its recommendations have been sent to DoP&T for approval of the ACC, which is awaited.	S. N. Name of Post 2018 2019 2020 2021 2022 V F V F V F V F V F 1. Chair man 0 0 0 1 0 0 0 0 1 1 2. Vice Chair man 0 0 0 0 0 2 0 2 0 2 3 Vice chair man (Tech nical) 2 1 2 (1+ 1) 1 1 0 2 0 2 0 4 Judici al Mem ber 11 0 11 0 20 (1 1+ 9) 0 2 0 4 1 6 0 5 Tech nical Mem ber 2 0 12 (2+ 10) 0 16 13 7 (3 + 4) 0 7 0

 

 

Ministry of Communication, Telecom Disputes Settlement and Appellate Tribunal (TDSAT)	At present, there is no vacancy of Chairperson/ Members in TDSAT.		During last five years, two posts of member of TDSAT got vacant on 12.05.2018 & 19.10.2019 and filled up w.e.f. 13.09.2021 & 15.06.2022 respectively.
Ministry of Defence, Arms Force Tribunal (AFT)	AFT has sanctioned strength of 34 Members (17 Judicial Members including Chairperson and 17 Administrative Members). Ministry has been making constant endeavours for appointment of Members in AFT. The process of filling up of 24 vacancies (12 Judicial Members & 12 Administrative Members) was initiated by this Ministry and subsequently, letters were issued on 01.12.2022 for appointment of 23 Members in AFT (11 Judicial Members & 12 Administrative Members) across various Benches of AFT.		Year Vacancies created Vacancies filled 2018 03 03 02 02 2019 06 04 01 Nil 2020 Nil 02 01 05 2021 Nil 01 03 Nil 2022 02 01 04 04
NCDRC, Deptt. of Consumer Affairs	Appointments in the NCDRC are regulated as per the provisions of the Tribunal Reforms Act, 2021 and the rules framed there under, namely the Tribunal (Conditions of Service) Rules, 2021. Similarly, the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020 made under the provisions of the Consumer Protection Act, 2019 provide for appointment of the Presidents and the Members in the State Commissions and District Commissions.		At present, there is only 1 existing vacancy in the NCDRC (date of occurrence of vacancy – 10.05.2021). Department of Consumer Affairs has already issued vacancy circular for filling up 1 existing vacancy and 4 anticipated vacancy of Members due to arise in June, 2023.
Appellate Tribunal for Electricity (APTEL)	The post of Judicial Member, APTEL fell vacant on 4.12.2022 following the end of tenure of 3 years by last incumbent ie Justice R K Gauba. In context to this anticipated vacancy, the Vacancy Circular (VC) was issued on 29th April, 2022 in accordance with the provisions of new Tribunal Reforms Act, 2021 and Rules framed thereunder. The Search-cum-Selection Committee has also been constituted vide notification dated 2.12.2022. The post is likely to be filled up soon. Earlier this post was vacant from 2.5.2019 to 3.12.2019 on completion of tenure of the then Judicial Member, Justice N.K.Patil. Sometimes the approval process takes time while appointing Members in Tribunal.

 

CESTAT, Department of Revenue

Vacancy position as on 14/12/2022 in CESTAT, D/o Revenue Tribunal CESTAT Appellate Tribun under SAFEMA Filled Vacancies 07 NIL

CESTAT Appellate Tribunal under SAFEMA The Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other conditions of service of Members) Rules 2017 and later on the Tribunal, Appellate Tribunal and other Authorities( Qualifications, Experience and other conditions of service of Members) Rules 2020 were quashed by Hon’ble Supreme Court. Thereafter, Tribunal (Condition of Service) Rules 2021 were notified in exercise of the powers conferred under Section 3 of the Tribunal Reforms Act, 2021. Thereafter, process for selection and appointment of judicial and technical members for filling of the existing and anticipated vacancies was initiated and final orders are to be issued. Nil, at present, all the posts of Chairman & 4 Members in AT, SAFEMA are filled.

For year 2022, one Member (Judicial) is vacant with respect to CESTAT and with respect to Appellate Tribunal under SAFEMA, four Members are vacant.

 

Source: Rajya Sabha