"We do not discriminate betwen X and Y but recommendation for appointment of an eminent jurist were kept pending for three months due to which he left," a bench of justices G S Singhvi and S J Mukhopadhyay said.
"We lost opportunity to appoint a distinguished person on the post," the bench said while referring to retired Supreme Court judge R V Raveendran, who withdrew his consent for appointment as NGT chief.
The bench rapped the governemnt for not providing proper accomodation to the tribunal and its members. It sought response from the Centre on why its chairman and members not be treated on par with sitting judges of the apex court.
"We just want to know why government should not give all facilities to them which are given to sitting judges," the bench said.
"They must function with dignity. It would amount to compromising the dignity of the institution," the bench said while referring to lack of facilities to the judicial members of the tribunal.
"We are hopeful that we do not have to pass orders," the further said while expressing hope that government would provide all facilities.
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Solicitor General Rohinton Nariman said that governemnt has put in motion the process for the appointment of sitting Supreme Court judge Swatanter Kumar to head the tribunal as per the recommendation of Chief Justice S H Kapadia.
The bench also issued notice to the Madhaya Pradesh government for not providing proper office space to the Bhopal branch of the tribunal which is operating from a basement.
It asked the state Chief Secretary to file reply on why accomodation was not provided to the tribunal.