ROJER MATHEW Vs. SOUTH INDIAN BANK LIMITED

JUDGEMENT

(1.) At the time of earlier hearing on 24/10/2017, we took up for consideration the issue as to whether norms for appointment to the Debt Recovery Tribunals are required to be revisited, to uphold the independence of judiciary. We requested Shri Arvind P. Datar learned senior counsel to assist the Court as Amicus.

(2.) Learned Amicus has given a Concept Note dealing with the issue of appointment process, qualifications for Members, removal procedure, efficiency, timely filling up of vacancies and uniformity of service conditions. Apart from the Concept Note, he has put forward certain suggestions.

(3.) Main suggestion of learned Amicus is that instead of having short term appointments out of retired persons, there should be a regular cadre to man the Tribunals. Even serving judicial officers could be appointed to the Tribunals by appropriate temporary or permanent increase to the cadre of District judiciary. Selection should be by a national competition, which may be conducted by an autonomous body, consistent with the requirements of independence of judiciary. Cadre control, including disciplinary mechanism, should be either with the High Courts or with an autonomous body which again should be as per the concept of independence of judiciary.