Non-compliance of HC Order  last opportunity to State

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Photo used for indicative purpose only. Source internet
Shimla, Feb 25
Himachal Pradesh High court on Friday took serious note of non-compliance of its order by the State regarding notifying the constitution of an independent State Transport Appellate Tribunal, granting last chance for the compliance within a month.
The Division Bench comprising the Chief Justice Mohammad Rafiq and Justice Jyotsna Rewal Dua said that the non-compliance of the order passed by the High Court before the next date shall be viewed seriously and appropriate order shall be passed on the next date on March 29, 2022.
HC in its earlier order had observed that despite the series of orders passed by the Court, the State Government has not taken any decision to set up an independent STAT and the matter is pending before the Court for the last four years.
In its earlier orders Court held that the Law Secretary cannot discharge the quasi-judicial
functions of the Tribunal and rightly so because for him to preside over the Tribunal while simultaneously working as Law Secretary of the State could give rise to conflict of interest because he may have to be in that capacity to deal with the matter involving interest of State. In the earlier
hearing the Court also observed that the first requirement for the State Government would be to notify the constitution of such number of Tribunals
depending upon the workload, as it may deem fit. Once the Tribunal is constituted, it has to be given all the paraphernalia, including building and necessary staff. Once the regular Tribunal is constituted by the State Government in consultation with the High Court, it would be decided by the High Court on administrative side as to who should be posted as Presiding Officer in the Tribunal and whether one Presiding Officer of the Tribunal should be given additional charge of another Tribunal.

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