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Saturday, August 08, 2020

HC orders stay on setting up of Haryana Administrative Tribunal

The lawyers' protest started last week, with few district bar associations joining them Thursday and abstaining from courts. They allege that setting up a quasi-judicial body like the Tribunal encroaches upon the judicial independence and powers of the High Court.

By: Express News Service | Chandigarh | Updated: August 2, 2019 2:20:16 pm
punjab and haryana high court, punjab and haryana high court bar association, bar association punjab and haryana high court, haryana administrative tribunal, central administrative tribunal, chandigarh news, india news, Indian Express The lawyers’ protest started last week. (Express photo/File)

Nearly a week after Punjab and Haryana High Court Bar Association lawyers began an indefinite strike to protest the Khattar government’s decision of establishing Haryana Administrative Tribunal (HAT) for adjudication of service matters of its employees, the High Court Friday ordered that the notification to set up the Tribunal remains suspended.

“A full Bench of the High Court on Friday initiated a suo motu PIL on our representation. The Court on Friday said the implementation of the notification, issued on July 24, will be deferred during the pendency of the case. The High Court can now resume hearing the cases of Haryana employees as usual. The Tribunal cannot become operational,” advocate Rohit Sud, Secretary of the High Court Bar Association, said.

The lawyers’ protest started last week, with few district bar associations joining them Thursday and abstaining from courts.

They allege that setting up a quasi-judicial body like the Tribunal encroaches upon the judicial independence and powers of the High Court.

The Bar Council in a statement Thursday said, “‘Tribunalisation’ has played havoc with the Indian judicial system by considerably diluting the constitutional remedies available under the Constitution of India”.

“The Bar Council opposes the establishment of Tribunals including the Haryana Administrative Tribunal and resolves to support the Bar Association of the High Court,” the statement added.

On the recommendation of Haryana government, Centre had issued a notification on July 24 for the setting up of the Tribunal. The Haryana government asserted that the Tribunal would lead to quick disposal of grievances of the employees and also lessen the pendency at High Court.

The employees could earlier directly approach the High Court, but now they could come appeal in the High Court against the Tribunal’s orders.

There has been a total stalemate since the issuing of the notification. The lawyers have been protesting and have stalled hearing of the cases, leading to adjournments in more than 95 per cent cases listed each day.

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