Jammu CAT Crisis: Supreme Court Flags Acute Staff 'Scarcity' and Infrastructural Woes, Proposes Hiring Retirees

New Delhi – The Supreme Court of India has once again turned its focus to the critical infrastructural and staffing deficiencies plaguing the Central Administrative Tribunal (CAT) in Jammu, proposing immediate remedial measures such as engaging retired personnel and contractual staff to address an acute shortage of stenographers that has left over 800 cases in limbo.

A bench comprising Justices Surya Kant and Joymalya Bagchi , hearing the writ petition ACHAL SHARMA Versus UNION OF INDIA AND ORS. , expressed significant concern over the operational paralysis at the tribunal. The Court directed the Union government to explore urgent, alternative staffing solutions and called for a compliance report within four weeks, signaling its intent to closely monitor the resolution of this long-standing issue.

The hearing underscored the systemic challenges affecting the foundational pillars of judicial administration, from the lack of basic support staff to the absence of a permanent, secure building for the tribunal.

"Stenographer Has Become a Scarcity"

The gravity of the situation was laid bare by the petitioner-in-person, Achal Sharma, who informed the bench that despite a staggering 800 cases having been heard and reserved for orders, the tribunal is crippled by the availability of just one stenographer. This bottleneck effectively halts the pronouncement of judgments, creating an invisible backlog and denying timely justice to litigants.

Concurring with the petitioner's assessment, Justice Kant remarked, "Stenographer has become a scarcity, you are absolutely right."

This admission from the bench highlights a widespread problem within the judicial ecosystem, but its concentration in a single tribunal bench has brought the institution to a near standstill. In response, the Court dictated a formal order proposing a multi-pronged approach to the Union government to alleviate the crisis.

"The petitioner in person has pointed out and very rightly so that there is a scarcity of assisting staff, more importantly stenographers," Justice Kant dictated. "In this regard, Union government may think of hiring the services of retired personnel or sending [...] employees on deputation. Alternatively, an advertisement may be issued for contractual engagements till the selection process for regular appointments is finalized."

This directive provides the government with a flexible yet urgent framework to bypass the delays of regular appointments and immediately bolster the tribunal's administrative capacity.

A Five-Year Wait for a Permanent Home

The staffing crisis is compounded by an equally pressing infrastructural deficit. The petitioner pointed out that despite the passage of five years, the CAT's Jammu bench continues to operate from a temporary, and seemingly inadequate, old building.

The Court was previously informed in December 2023 of a "tentative proposal" to shift the CAT into the old High Court building once the new complex for the Jammu & Kashmir and Ladakh High Court is completed. During the latest hearing, Justice Kant reiterated this expectation to Additional Solicitor General (ASG) KM Nataraj, suggesting that the government should expedite the land allotment and budget for the new High Court to free up the old premises for the tribunal.

However, the government's attempts at finding even a temporary solution have been fraught with setbacks. A status report revealed that a plan to rent a private building as a "make-shift arrangement" was delayed, with remedial work on its "shortcomings" now projected to be completed only by the end of January 2025. Compounding the issue, the ASG informed the Court that a defect in the title of this proposed property was discovered at an advanced stage, forcing the government to scrap the plan and search for another temporary accommodation.

The ASG sought two weeks to return with fresh instructions, a request that underscores the persistent administrative hurdles in providing a basic, functional space for a quasi-judicial body.

Judicial Integrity vs. Makeshift Solutions

The Supreme Court's persistent intervention in this matter stems from deeper concerns about the implications of such ad-hoc arrangements on the integrity of judicial institutions. In a previous hearing in January, the same bench had explicitly flagged the risks associated with operating from private properties and relying on outsourced staff.

"It is highly desirable that there should be a permanent building of the Tribunal alongwith proper courtrooms, chambers, officers and other staff of the Tribunal," the Court had observed. "Similarly, it may not be prudent to deploy the outsourced staff in judicial/quasi-judicial institutions where maintenance of records, confidentiality and updating of records are day-to-day challenges."

This principle lies at the heart of the current proceedings. The Court's apprehension is that makeshift solutions, while seemingly pragmatic, can compromise the security, confidentiality, and institutional sanctity essential for any judicial body. The ongoing failure to secure a permanent, government-owned building for the CAT Jammu brings these fundamental concerns into sharp relief.

The Path Forward: A Test of Compliance

While the petitioner acknowledged a recent improvement in the case disposal rate at the CAT, the underlying structural problems threaten to undermine this progress. The Supreme Court's latest order places the onus squarely on the Union government to act decisively.

By demanding a compliance report in four weeks, the bench has set a clear timeline for action. The government's response will be a critical test of its commitment to strengthening the country's judicial infrastructure. For legal practitioners and litigants appearing before the CAT in Jammu, the Court's proactive stance offers a glimmer of hope that the tribunal may soon be equipped with the basic resources it needs to function effectively and dispense justice without undue delay. The matter is scheduled to be taken up again after four weeks, when the Union's proposed solutions will be put to the test.