Allahabad High Court asks Centre to examine allegations against Presiding Officer of DRT

The Allahabad High Court recently directed the Central government to take cognisance of the allegations of misbehaviour and favouritism against Lucknow Debt Recovery Tribunal (DRT) Presiding Officer AH Khan [Debt Recovery Tribunal Bar Association vs Union of India].The division bench of Justice Sangeeta Chandra and Justice Shree Prakash Singh asked the Central government to “insist upon” a Preliminary Scrutiny into the allegations made against Khan by the DRT Bar Association and for a detailed report in the matter.“We therefore dispose of this petition with a direction to Chairperson DRAT to submit his preliminary report under Section 9 (1) of the Condition of Service Rule 2021 within four weeks from today. We also direct the Opposite party no.1 [Ministry of Finance] to take an appropriate reasoned decision on the report within a period of four weeks thereafter,” the Court directed further..The order was passed while disposing of a petition moved by the Bar Association of DRT, Lucknow in 2022 for action against Khan. The lawyers body had accused Khan of passing whimsical and arbitrary orders.During the hearing of the matter, the Court had called upon the Bar members to ensure cooperation in functioning of the DRT. It was also noted last year that on an average, more than 19 matters had been decided per day by the DRT with the cooperation of the lawyers..In the order dated July 8, the Court noted that it had taken note of the allegations related to conduct of the Presiding Officer in another matter and sought response of the Union government.The Bar Association told the Court that the Centre was treating the matter closed with regard to allegations of misbehaviour against Khan due to the developments in the present case and other related matters.However, the Court clarified that it had sought reports from the Presiding Officer and Chairperson of Debt Recovery Appellate Tribunal (DRAT) only with regard to functioning of the DRT and grievances raised by the Bar regarding working of the Presiding Officer since it had led them to suspend judicial work.“The order passed by the Central Government communicated to the Registrar of the DRAT, Allahabad by a letter sent by the Government of India dated 15.12.2022 has not yet been complied with. The Chairperson, DRAT, Allahabad, has not examined the specific grievances of the DRT, Bar Association as raised by them in their several Resolutions and Representations under the Provisions of Rule 9(1) of the Tribunal (Condition of Services) Rules, 2021,” it added..Thus, the Court said the grievance of the lawyers body would be sufficiently redressed if Central government takes cognisance of any preliminary scrutiny report to be submitted to it and then pass appropriate orders. .Senior Advocate Asit Chaturvedi with advocates Anuj Kudesia and Prashant Kumar represented the petitioner.Deputy Solicitor General SB Pandey with advocate Anand Dwivedi represented the State.Advocates Gaurav Mehrotra and Ritika Singh represented the DRT.Presiding Officer AH Khan appeared in person.[Read Judgment]