The Division Bench comprising the Chief Justice Mohammad Rafiq and Justice Jyotsna Rewal Dua said that the non-compliance of the order passed by the High Court before the next date shall be viewed seriously and appropriate order shall be passed on the next date of hearing on 29.03.2022.
The Court in it earlier order had observed that despite the series of orders passed by the Court, the State Government has not taken any decision to set up an independent State Transport Appellate Tribunal and the matter is pending before the Court for the last four years.
In its earlier orders the Court held that the Law Secretary cannot discharge the quasi-judicial functions of the Tribunal. It is rightly so because for him to preside over the Tribunal while simultaneously working as Law Secretary of the State could give rise to conflict of interest because he/she may have to be in that capacity to deal with the matter involving interest of State, the court observed.
In the earlier hearing the Court also observed that the first requirement for the State Government would be to notify the constitution of such number of Tribunals, depending upon the workload, as it may deem fit. Once the Tribunal is constituted, it has to be given all the paraphernalia, including building and necessary staff.
Once the regular Tribunal is constituted by the State Government in consultation with the High Court, it would be decided by the High Court on administrative side 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.
