The Parliamentary Standing Committee on Law and Personnel said it has not accepted the proposal in the Administrative Tribunals (Amendment) Bill, 2012 which seeks to make only judges of the apex court and Chief Justices of High Courts to be eligible to be appointed as chairpersons of Central, State and Joint Administrative Tribunals.
Under the present provision, the post can be occupied by a judge of a high court.
"The Committee is of the considered opinion that the amendment in Section 6 (1) of the AT Act, 1985...Would lead to a dichotomy where the decisions of the CAT/SAT/JAT which is proposed to be headed by a sitting/retired judge of the Supreme Court or Chief Justice of the High Court would be taken up in appeal in the High Court," the panel said.
The panel also said that the Ministry of Personnel should explore the possibility of approaching the Supreme Court for revision of its decision in the L Chandrakumar case and the action of elevating the level and status of the chairman of CAT or SAT or JAT should be taken after that.
It said the amendment in Section 6 (1) of the Act can be accepted only in case it is ensured that the decisions of CAT, SAT or JAT are made appealable in the Supreme Court.
The Committee said when a judgment of the tribunal headed by an SC judge or a High Court Chief Justice goes to a High Court, the matter may not get justice as there may be an indirect pressure on account of the fact that the order challenged before them is pronounced by judge of Supreme Court or CJ of a High Court.