UNION OF INDIA Vs DEBTS RECOVERY TRIBUNAL BAR ASN..
Bench: D.K. JAIN,H.L. DATTU
Case number: C.A. No.-000617-000618 / 2013
Diary number: 9763 / 2010
Advocates: ANIL KATIYAR Vs
PREETI SINGH
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REPORTABLE IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.617-618 OF 2013 (Arising Out of SLP (C) Nos. 22808-22809 of 2010)
UNION OF INDIA & ORS. — APPELLANT S
VERSUS
DEBTS RECOVERY TRIBUNAL BAR ASSOCIATION & ANR.
— RESPONDENTS
O R D E R
1. Leave granted.
2. These appeals arise out of judgment dated 18th
September 2008 in CWP No. 11742 of 2007, and order
dated 21st August 2009 in Review Application 161 of
2009, rendered by the High Court of Punjab & Haryana,
whereby certain directions relating to provision for
adequate space for the smooth functioning of the Debts
Recovery Tribunals (for short “the DRTs”) at
Chandigarh, have been issued. The circumstances that
have led to the filing of these appeals are succinctly
stated below.
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3. A Bench of the DRT was established at Chandigarh by
the Union of India (for short “the UOI”), vide notification
dated 24th March 2000, in a rented building.
Subsequently, a second Bench of the DRT was
established, which was supposed to function from
another premises. However, both the Benches
continued to function from the same premises where
the earlier Bench was functioning. By a communication
dated 20th July, 2007, the UOI directed that the second
Bench would function from the premises acquired for it.
Thereupon, the respondent Bar Association made a
representation to the Presiding Officers of both the
Benches, requesting them to inter alia, continue to
function from the premises from where the first DRT
was functioning. However, in light of the aforesaid
communication issued by the UOI, the request of the
Bar Association was not acceded to.
4. Aggrieved, the Bar Association filed a Civil Writ Petition
in the High Court of Punjab & Haryana, seeking
directions to the UOI, to inter alia provide adequate
accommodation for the functioning of both the DRTs; 2
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and to frame Rules for recruitment/appointment of the
Presiding Officer & the Recovery Officers. In light of the
assurance on behalf of the UOI that adequate space
would be taken on lease for the smooth functioning of
both the Benches at the same place, and that further,
land was also being acquired for housing the DRTs, the
writ petition was disposed of with a direction that the
construction of the building shall be completed within
three years from the date of its order. However, the
High Court did not examine the other issues referred to
above on the ground that they were unrelated to the
inadequacy of office space needed by the DRTs.
5. Having failed to get the said order reviewed, the UOI is
before us in these appeals. In order to appreciate the
issue involved in the matter before us, it would be
useful to have a bird’s eye view of the constitution of
DRTs and their functioning.
6. Prior to the promulgation of the Recovery of Debts Due
to Banking and Financial Institutions Act, 1993 (for short
“the RDDBFI Act”), all banks and financial institutions
were required to file their recovery cases in the form of
suits before the civil courts, on the basis of their 3
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territorial and pecuniary jurisdictions. Due to delays in
the disposal of such suits by civil courts on account of
heavy dockets, the recovery of loans and enforcement
of securities suffered. Thus, an urgent need was felt to
work out a suitable mechanism through which, the dues
of the banks and financial institutions could be realized
expeditiously. This led to the establishment of DRTs and
the Debts Recovery Appellate Tribunals (for short
“DRATs”) under the RDDBFI Act for expeditious
adjudication and recovery of debts due to banks and
financial institutions.
7. As per the information available, there are all in all 33
DRTs established in the entire country out of which
Delhi, Mumbai, Chennai, Kolkata, Chandigarh and
Ahmedabad have two or more DRTs each. However,
there are only five DRATs, established in Allahabad,
Chennai, Delhi, Kolkata and Mumbai, each covering
multiple DRTs of a particular geographical zone. As a
result, DRATs are overburdened and are also facing an
acute shortage of infrastructure and staff.
8. Given the poor state of affairs as highlighted by the
Bar Association, we were constrained to take 4
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cognizance and hence, vide order dated 15th November
2010, directed the learned Addl. Solicitor General to file
an affidavit suggesting measures for improving the
working of the said Tribunals. Subsequently, on 7th April
2011, this Court appointed Mr. Rajeeve Mehra, Senior
Advocate, as amicus curiae to assist the Court.
Consequently, having considered the views of all DRTs,
DRATs as well as the Bar Associations, the learned Addl.
Solicitor General and the learned amicus curiae have
filed their responses, highlighting the core issues and
respective suggestions to address the same. In light of
the above, the UOI was directed to place on record their
response on the issues so raised, in particular, on the
criteria being adopted for appointment of the members,
Recovery Officers etc. In pursuance thereof, the UOI has
filed status reports, indicating the measures agreed
upon by the Government to address the
aforementioned issues. Before we proceed to list the
same, it would be helpful to discuss the core issues in
respect of which the suggestions have been made.
9. At present, DRTs and DRATs suffer from severe
infrastructural constraints. Most of the DRTs are being
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run from rented premises and face acute shortage of
space, exorbitant rents, limitations on non-
renewal/extension of leases etc. It has been brought to
our notice that where the DRTs have been allotted
space of about 5000 sq. ft., the actual requirement is
not less than 7,500 sq. ft. Similarly, the learned amicus
curiae brought to the fore several other issues plaguing
the smooth functioning of the Tribunals, the most
significant being: that there is a need to increase the
number of DRATs in the country to reduce the workload
of the existing DRATs; that many serving Recovery
Officers lack a judicial background or are appointed on
deputation from those very banks or financial
institutions which are filing recovery cases in DRTs,
thereby raising serious questions about their
independence, impartiality and fairness; that the time
taken in filling up vacancies for the posts of senior
officials of DRTs and DRATs is extremely long; and that
the presence of modern and technological systems of
administration continues to be elusive in the
administration of justice in as much as many DRTs and
DRATs do not even have websites or computerized
systems. 6
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Suggestions made by the learned Addl. Solicitor General and learned a micus curiae
S. No
Issue Suggestions of the learned Addl. Solicitor General
Suggestions of the learned amicus curiae
1. Premises & Physical Infrastructur e
All DRTs and DRATs should be housed in suitable buildings. Pending construction of these buildings, the Tribunals should be housed in rented premises having an area of at least 8000 sq.ft. where suitable space for records, etc. and amenities for the officers of the court, staff, litigants and lawyers should be provided.
Concurring
2. Increase in Number of DRTs/DRATs
---
A DRAT must be established in each state where there is a DRT or multiple DRTs. DRATs may be established in the city where the concerned High Court of a State is located.
3. Appointment Qualifications for Appointment of 7
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of Recovery Officers
Recovery Officers should include at the very least, a basic degree in law. If possible, judicial officers or advocates with five years standing at the Bar may be appointed as Recovery Officers.
Recovery Officers by way of deputation from Government Departments/Mi nistries, Banks and Financial Institutions should be discontinued. Instead, the person appointed must be a person of a judicial background, preferably a judicial officer of the rank below the designation of Addl. District and Sessions Judge on deputation, and should be given the same facilities and perks he/she enjoys in the parent cadre.
4. Vacancies and Status of Senior Officers of DRTs/DRATs
A select list of candidates should be maintained to fill the vacancies. The selections should be made within a fixed time frame.
a. For posts other than Presiding Officers and Recovery Officers, on- going process of sourcing staff/officers on deputation should be discontinued, and permanent cadres should
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be established. b. The post of Presiding Officers, Registrars and Recovery Officers should be filled up from the state cadre of Judicial Officers through deputations and rotations so that these posts do not remain vacant. c. Judicial officers must be provided the same facilities and perks as they enjoy in their parent cadres. Further, residential accommodation must be necessarily earmarked for Presiding Officers.
5. Information Technology and Computerisa tion
a. DRTs and DRATs must have a website. Possibility of publication of notices and auctions on the website should be explored, keeping necessary
Concurring
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safeguards in mind.
b. The National Informatics Centre should be called upon to prepare appropriate software for computeriza tion of processes in the DRTs, from filing to disposal, so that the time taken for disposal is reduced.
10. We are pleased to note the positive and forthcoming
response of the UOI to the suggestions of the learned
Addl. Solicitor General and the learned amicus curiae.
Having taken note of the urgent need to address the
abject conditions prevailing in the Tribunals, the UOI,
has agreed to:
i. Provide adequate infrastructure to DRTs/DRATs on
the following basis:
a. If sufficient space as per requirement is available in
the Government building, then space from the
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concerned department will be allotted on a
permanent basis.
b. If space is not available in the Government building
but sufficient space is available in public sector
undertakings’ buildings, then the DRTs/DRATs may
move to the same on a permanent lease/rental basis.
c. If (a) and (b) are not possible, then suitable land may
be purchased for construction of a building, or a
suitably constructed building may be purchased from
public authorities. This may be completed in a
phased manner. In the mean time, DRTs and DRATs
may continue at their present locations or hire
alternative suitable space as per norms.
d. Further, on the basis of a spot study conducted by
the Department of Financial Services on 11th
December 2011, the existing space authorization of
5000 sq. ft. for DRTs and 3600 sq. ft. for DRATs was
examined. In light of the study and requirements of
additional facilities, the same has been increased to
7200 sq. ft. and 4500 sq. ft. respectively. In case
more than one DRT is accommodated in one building,
space would be saved for common facilities such as
bar room, consultation chamber, reception, canteen, 11
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washrooms, etc. In such a case, the space
requirements for the second and third DRT (if located
in the same building) may be around 6000 sq. ft. and
5500 sq. ft. respectively.
e. Preference is to be given to buildings where parking
facility is provided either within the building premises
or in the vicinity.
ii. Consider the feasibility of establishing more
DRTs/DRATs and redefining the jurisdiction of some
DRTs on the basis of data showing pendency of cases
and existing workload of all the DRTs and DRATs.
iii. Fill all anticipated vacancies for the posts of
senior officers, as and when they arise, with
candidates who have already been selected
according to the stipulated rules.
iv. Extend the facility of General Pool of
Accommodation of the type entitled to Group A
officers upto April 2013 to the Presiding Officers. In
the meantime, the Ministry of Finance and Ministry of
Urban Development will examine all issues to finalise
modalities for either buying or construction of
flats/houses for use of the members of the Tribunals.
Further, in case this proposal does not materialize, 12
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then the possibility of hiring accommodation shall be
considered at the appropriate stage.
v. Implement the “e-DRT Project” to automate and
improve DRT services by building IT systems as
expeditiously as possible.
vi. Carry out the recruitment of Recovery Officers by
promotion, failing which, by deputation, in
accordance with the eligibility criteria as defined in
the recruitment rules of each DRT. Keeping in mind
the profile of the post of a Recovery Officer, it may
not be possible to appoint judicial officers of a rank
below that of an Additional District and Sessions
Judge, as suggested by the learned amicus curiae.
However, the UOI shall give preference to only those
candidates who either have legal experience or hold
a degree in law. Further, with respect to improving
the selection procedure of Recovery Officers, the
Departmental Promotion Committee (DPC), provided
for in the recruitment rules, shall be expanded to
include the Presiding Officer of any DRT as a member
of the DPC to take part in the selection of the
Recovery Officers. At the same time, the level of
representation of the Reserve Bank of India in the 13
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DPC will also be raised from the rank of Deputy Legal
Advisor to Joint Legal Advisor, RBI.
vii. Hold regular training programmes for Recovery
Officers/Assistant Registrars/Registrars to give them
minimum working knowledge of the procedures
followed in DRTs, the provisions of the RDDBFI Act,
the SARFAESI Act, the Rules made thereunder, and
the provisions of Schedules II and III of the Income
Tax Act, 1961.
11. We are confident that the aforementioned measures
proposed by the UOI, shall go a long way in improving
the administration of justice in these Tribunals. We are
in agreement with these proposals and hope that they
will be implemented efficiently and expeditiously by the
concerned authorities. Having said that, it is necessary
that the exercise undertaken by this Court must reach
its logical end sans any delays and glitches or any other
hindrances in the implementation of these suggestions.
To this effect, we issue the following directions:
i. All the aforementioned proposals and measures
agreed upon by the UOI in response to the
suggestions made by the learned amicus curiae and 14
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the Addl. Solicitor General shall be implemented
expeditiously within a suitable time frame. In the
event that the UOI or the concerned authority fails to
comply with the aforesaid assurances, it will be open
to the learned amicus curiae to bring the same to this
Court’s notice for appropriate directions.
ii. Further, we believe that the High Courts are
empowered to exercise their jurisdiction of
superintendence under Article 227 of the Constitution
of India in order to oversee the functioning of the
DRTs and DRATs. Section 18 of the RDDBFI Act
leaves no scope for doubt in this behalf. It reads thus:
18. Bar of Jurisdiction.—On and from the appointed day, no court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority (except the Supreme Court, and a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) in relation to the matters specified in section 17.
Article 227 of the Constitution stipulates that every High
Court shall have superintendence over all courts and
tribunals throughout the territories interrelation to which it
exercises jurisdiction. This power of superintendence also
extends to the administrative functioning of these courts
and tribunals [Shalini Shyam Shetty & Anr. Vs.
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Rajendra Shankar Patil1]. Hence, in light of the above,
we expect that all the High Courts shall keep a close
watch on the functioning of DRTs and DRAT, which fall
within their respective jurisdictions. The High Courts shall
ensure a smooth, efficient and transparent working of the
said Tribunals. We are confident that through the timely
and appropriate superintendence of the High Courts, the
Tribunals shall adhere to the rigour of appropriate
standards indispensable to the fair and efficient
administration of justice.
12. Before parting, we place on record our deep
appreciation for the able assistance rendered to us by
Mr. Sidharth Luthra, the learned Addl. Solicitor General,
Mr. Rajeeve Mehra, the learned amicus curiae and Mr.
Arjun Kapoor, Law Clerk-cum-Research Assistant.
1 (2010) 8 SCC 329 16
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13. These appeals stand disposed of in the above terms.
…………………………………. (D.K. JAIN, J.)
..…………………………………. (H.L. DATTU, J.)
NEW DELHI, JANUARY 22, 2013.
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