Supreme Court pulls up Finance Ministry for making DRTs collate data instead of deciding cases

The Supreme Court on Friday directed the Union Ministry of Finance to furnish data on the staff strength at Debts Recovery Tribunals (DRTs) across the country [Superwhizz Professionals Private Limited v. Union of India and Others].

A Bench of Justices Abhay S Oka and Augustine George Masih expressed concerns over the Finance Ministry asking DRTs to collate large amounts of data on various aspects, thereby hampering the primary role of the tribunals - deciding cases.

The Bench asked the Ministry to adopt a Standard Operating Procedure (SOP) for the purpose of ensuring that the work of DRTs is not hampered while engaging in such data collection.

"We expected the Ministry to come out with proper SOPs of securing data from DRTs. The impression from Ministry's affidavit we get was that they are trying to suggest that each DRT has adequate strength of around 30 members and therefore there are adequate staff for them to take data. We direct Ministry of Finance to furnish data about the strength of staff in DRTs by January 2," the Court ordered.

The Court was hearing an appeal challenging the adjournment of a securitisation application pending before a DRT due to strike observed by lawyers of the Visakhapatnam Bar Association.

It was told that the proceedings before the DRT Visakhapatnam were getting adjourned since all the staff members were occupied with preparing large data statements for the Finance Ministry.

Earlier, the Court had expressed concerns over the Ministry of Finance treating the DRTs as its subordinate department. The Court had thereafter sought an explanation from the Section Officer of Ministry on the same.

When the matter was taken up today, the Court expressed its displeasure at the affidavit filed by the Section Officer justifying the stance of the Ministry asking DRT staff to collate data.

"We have seen that the Ministry requires huge data from DRT and giving them least amount of days. We are not saying that you have no right to call the data, but not this way. Look at your affidavit. That is why all staff members remained in busy with the work of collection of data in the second session. We are not happy with the affidavit given by you," Justice Oka orally remarked.

The Court rebuked the Section Officer for claiming that all DRTs across the country have adequate staff to perform the work.

"We cannot allow a Section Officer to hamper the working of DRT. Your affidavit justifies the action. They are saying that each DRT has staff of 30 members. They say adequate strength is there. Your officers in affidavit say that there are 30 members in each DRT and they have adequate strength. Now we will ask your officers to furnish how many DRTs," Justice Oka said.

He said that the Ministry should put in place an SOP so that the main work of DRTs is not hampered.

It also asked the Ministry to file a detailed affidavit highlighting the strength of staff at DRTs across the country.

The matter will next be considered on January 3.

[Live Courtroom Exchange]