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2013 (2) TMI 381 - SC - Indian LawsDirections relating to provision for adequate space for the smooth functioning of the Debts Recovery Tribunals (the DRTs) at Chandigarh & to frame Rules for recruitment/ appointment of the Presiding Officer & the Recovery Officers - A Bench of the DRT was established at Chandigarh by the Union of India (UOI) vide notification dated 24-3-2000 in a rented building & subsequently, a second Bench of the DRT was established, which was supposed to function from another premises - Two Benches of DRT, functioning from same premises - Whether Union of India was to be directed to provide adequate space for smooth functioning of the Debt Recovery Tribunals? - Held that:- Having taken note of the urgent need to address the abject conditions prevailing in the Tribunals, the UOI, has agreed to provide adequate infrastructure to DRTs/DRATs. 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. 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. Extend the facility of General Pool of Accommodation of the type entitled to Group A officers up to April 2013 to the Presiding Officers. In the meantime, the Ministry of Finance and Ministry of Urban Development will examine all issues to finalize 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, then the possibility of hiring accommodation shall be considered at the appropriate stage. Implement the 'e-DRT project' to automate and improve DRT services by building IT systems as expeditiously as possible. 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. However, the Union of India 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 DPC will also be raised from the rank of Deputy Legal Advisor to Joint Legal Advisor, RBI. 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. 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 as 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. Thus it is directed that all the aforementioned proposals and measures agreed upon by the Union of India in response to the suggestions made for working of Tribunals shall be implemented expeditiously within a suitable time frame.
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