HOWEVER H.A.T. REMAINED TOTALLY NON-OPERATIONAL DUE TO STAY GRANTED BY HIGH COURT IN AUG, 2019, SAYS EXPERT.NEITHER JUDICIAL OR ADMINISTRATIVE MEMBERS APPOINTED NOR PROCEDURE RULES FRAMED TILL DATE,
Face2News/Chandigarh
The tenure of Chairperson of Haryana Administrative Tribunal (H.A.T.) Justice Sneh Prashar (Retd.) was completed on 20 July 2023 on her attaining the age of 68 years.
It has been four years since H.A.T. was notified by the Centre on the request of Haryana Government on 24 July 2019. The same day Justice Sneh Prashar (Retd) who is a former Judge of Punjab & Haryana High Court and who retired as HC Judge on 20 July 2017 on her attaining the age of 62 years, was thereafter appointed as Chairperson of H.A.T. in July, 2019 by the Central Government at a fixed salary of Rs. 2.25 lakh per month for a period of five years from the date of assumption of charge or upto attaining age of 68 years or till further orders, whichever is earlier. She joined as Chairperson of H.A.T. on July 25, 2019.
Meanwhile, an Advocate at Punjab & Haryana High Court Hemant Kumar points out that the irony is that although for four full years i.e. since July, 2019 the H.A.T. Chairperson received full pay coupled with other benefits/facilities but as far as functioning of H.A.T. is concerned, it is yet to even become operational since a day after its Notification, the Bar Association of Punjab and Haryana High Court on 25 July 2019 went on indefinite strike (work suspension) against the notification constituting H.A.T.
SUBHEAD)A week later, on Aug 2, 2019, a three Judge Bench of High Court headed by then Chief Justice Krishna Murari deferred the implementation of the aforesaid notification and ordered that service related cases/matters of officers/officials of Haryana Government shall continue to be entertained by High Court as well District Courts till further orders.
Thereafter, a Committee headed by Chief Secretary and including certain senior officers as well as representatives of employee unions and bar council/association was also constituted by Haryana Government to remove the impasse over setting up of H.A.T. The Committee deliberated for over three years and its report was also filed in the High Court last year. However, no fresh date is being displayed on HC website for next hearing in this matter.
Hemant also pointed out that due to the aforementioned stay of HC, even appointment of Judicial and Administrative Members in the Tribunal has been stalled till date. Also the Procedure Rules are yet to be framed and notified. In Nov, 2021, the State Govt however issued a Notification specifying that the Principal Bench of the H.A.T. would be situated at Panchkula which would have two Benches. But nothing has been done thereafter in this regard till date.
Consequently, H.A.T. has turned into a defunct body (read a sort of White Elephant) since the past four years although expenditure was also incurred by the State Government on the salary and attached staff etc. of its C’ person who is however not discharging any sort of work as on date.
Hemant also said that after the Judgment of Constitution bench of Supreme Court in L. Chandra Kumar case (1997), the orders/ judgments of both Central as well as State Administrative Tribunals are subject to writ jurisdiction of respective High Courts, hence the basis purpose of constitution of such Tribunals is itself defeated since these were constituted so that employees of Central/State can approach CAT/SAT for all kinds of their service related matters rather than knocking at the doors of HCs or District Courts. He also told that after establishment of H.A.T. in July 2019, three States viz. Himachal Pradesh, Odisha and Andhra Pradesh have rather got their respective SATs abolished from the Central Government. Haryana should now also follow suit.