New Delhi: The Supreme Court again pulled up the Centre over the unfilled vacancies in tribunals and went on to say that time had come to declare the tribunals as defunct.
Look at the vacancies. There are no officers to man the tribunal. Mr Solicitor General, names are recommended, why they are not cleared is not known to anyone?. Vacancies remain. Look at the situation there. Time has come to declare the tribunals defunct," a bench led by Justice AM Khanwilkar observed.
The bench of Justices AM Khanwilkar and CT Ravikumar made these observations while considering a miscellaneous application preferred by the Central Government seeking extension of time to conclude the matter pertaining to Delhi Gymkhana Club before the NCLT Principal Bench at New Delhi.
How can we pressurise the Tribunal like this to do it in one month? There are other cases where we have directed the Tribunal to conclude. Tribunal does not have any space to accommodate now. That is the tenor of the order. What the other litigants are suffering, you should feel the same here," the bench told the Solicitor General.
The Ministry of Corporate Affairs has filed a petition before the NCLT under section 241(2) of the Companies Act, 2013 against the General Committee of the Delhi Gymkhana Club alleging that the affairs of the club were being conducted in manners prejudicial to the public interest. The Tribunal had in July 2020 directed the suspension of Delhi Gymkhana Club's General Committee and appointment of an Administrator nominated by the Union of India.
In appeal against the Tribunal's order, the Supreme Court had in September last year observed that the Delhi Gymkhana Club administrator cannot continue perennially, and directed the Tribunal to complete the proceedings within four months. If the proceedings are not complete within the said period, the Administrator was directed to hold elections.
On Friday, Solicitor General Tushar Mehta, appearing for the Union, sought two more months to finalise the
proceedings.