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2003 Supreme(SC) 1347

SUPREME COURT OF INDIA
Ashok Bhan, S.B. Sinha, JJ.
U.O.I. & Ors. - Petitioners
Versus
All Gujarat Fed.of Tax Consultants & Ors. - Respondents
Special Leave Petition [C] NOS. 6904-6905 OF 1998 With S.L.P.(C) No. 6906 of 1998, T.P.(C) Nos. 659 and 672-673 of 1998.
Decided On : 19-9-2003

The main legal point established in the judgment is the obligation of the government to provide specific facilities to the Members of the Central Administrative Tribunal.

Headnote:

Residential Accommodation - Facilities for Members of the Central Administrative Tribunal - The court directed the government to provide various facilities including residential accommodation, telephone, furniture, library, car facility, chamber facilities, books facility, A.C. facility, and secretarial assistance to the Members of the Central Administrative Tribunal.

Fact of the Case:

The court directed the government to provide specific facilities to the Members of the Central Administrative Tribunal within a specified time frame.

Finding of the Court:

The court found in favor of the petitioners and directed the government to provide the specified facilities to the Members of the Central Administrative Tribunal within three months.

Issues: The issue was whether the government was obligated to provide certain facilities to the Members of the Central Administrative Tribunal.

Ratio Decidendi: The court held that the government was obligated to provide the specified facilities to the Members of the Central Administrative Tribunal within a specified time frame.

Final Decision: The court directed the government to provide the specified facilities to the Members of the Central Administrative Tribunal within three months.

JUDGMENT :

Ashok Bhan, J. - Heard learned Attorney General and the counsel for the respondents.

2. The petitions are disposed of in the following terms:

    "Residential Accommodation: Wherever accommodation of the category to which the Member is entitled or of one category lower is not available, the Government, through the Ministry of Urban Development and if necessary through the State Government, shall make every endeavour to requisition/take on lease a suitable three-bedroom accommodation of 1500 sq.ft.

3. Telephone Facility at Residence:

    One telephone connection with STD facility, with 650 free calls (bimonthly), as admissible under G.O.I. instructions. Telephone Facility in Office:

    One independent telephone connection with free call facilities, as admissible under G.O.I. instructions.

4. Furniture at Residence:

    One Secretarial table, one rack and two chairs. Newspapers: Two newspapers and one magazine, subject to a maximum pecuniary limit of Rs. 200/- per month.

    5. Facility of Library:

    Law books as approved for residence. Car Facility: Same facility to be provided as is available to Members of the Central Administrative

6. Tribunal.Chamber Facilities:

    Office accommodation/chamber as per norms, preferably in excess of 125 sq.ft. per Member. The chamber shall be fully furnished consisting of Secretarial Table, Executive Chairs, 2 Book Shelves, 1 Almira, 1 rack, 5 visiting chairs, 1 easy chair, lunch table and chair, sofa-set with a center table depending upon the size of the chamber and other essential items required for the day to day use of the Members.

7. Books Facility (In Chambers):

    All Members shall be provided with one full set of Income Tax Reports & Income Tax Tribunal decisions and other essential books as approved by the Books Committee of the Income Tax Appellate Tribunal. As far as possible, the books shall be provided to each Member but, depending upon the space constraints, may be provided in a Common Library.

8. A.C. Facility:

    One A.C. per chamber, carpet of the requisite size and requisite number of curtains. Secretarial Assistance: One Senior Private Secretary and one Senior Peon.

9. Other Miscellaneous Facilities:

    One computer for each member at the office without internet facility. The above facilities shall be provided to the Members within a period of three months from today and compliance thereof be reported to this Hon'ble Court after six months."

10. It is clarified that this order shall not be treated as a precedent for other cases and has been passed in view of the special facts of these cases.

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