HC defers implementation of notification for constitution of Haryana Administrative Tribunal

The Punjab and Haryana High Court on Friday deferred for the time being implementation of a central government notification for the constitution of the Haryana Administrative Tribunal. The Punjab and Haryana High Court Bar Association has been observing strike for the past six days against the constitution of the tribunal.

The central government had issued the notification on July 24 under the Administrative Tribunal Act, 1985 constituting Haryana Administrative Tribunal to deal with service matters pertaining to state government employees. The bar association maintained that the notification was issued despite the actual constitution of the tribunal not being completed, administrative members yet to be appointed and the seat of the principal bench not being notified as required under the law.

Highlighting the scenario, the bar association filed an application appraising the court about the difficulties the litigants were likely to face if service matters were transferred to the tribunal. The court took suo motu cognisance of the situation.

The high court bench consisting of Chief Justice Krishna Murari, Justices Rajiv Sharma and Rakesh Kumar Jain said Haryana Advocate General B R Mahajan conceded that neither the appointment of the administrative members of the tribunal has been notified, nor the seat of the principal bench has been notified. "In the absence of constitution of the principal bench of the tribunal and the notification with respect to the seat of the principal bench of the Tribunal the litigating public would be left without any remedy which would result into total failure of justice delivery system," the court observed.

"...in the circumstances it would be in the interest of justice and in the interest of the litigants that the implementation of the notification be deferred for some period so as to enable the state government to complete the formalities," the high court said. The Haryana government had earlier said the establishment of the tribunal would prove advantageous and was essential in view of the increasing number of court cases, particularly those relating to service matters and dispute of employees.

Talking to journalists on Thursday, Chief Minister M L Khattar had defended the state government's decision to form Haryana Administrative Tribunal. "The purpose behind setting it up is to reduce pendency in high court of those cases pertaining to service-related matters of our employees. There was a demand from employees that the tribunal be set up so that service-related matters are taken up promptly and that they get speedy justice," Khattar said.