Delay in processing collegium's transfer recommendations will lead to 'unpalatable' actions SC warns Union

The case involved a builder in Faridabad, Haryana, who was appealing an earlier decision by the National Consumer Disputes Redressal Commission (NCDRC) to refund the entire amount paid by two buyers after possession of the property was not handed over on time. (Representative Image)

The Supreme Court on February 3 warned the Union government that any delay in processing in processing the transfer of judges recommended by the collegium, would lead to unpalatable judicial and administrative action.

The court was hearing a petition pertaining to the Union’s delay in clearing names for appointment and transfer of judges recommended by the collegium. The bench questioned Attorney General (AG) R Venkataramani on when the names proposed for appointment would be notified. The AG assured that it will be done soon, however requested the court not to pass any order laying down a timeline for the appointment. The bench expressed that it expects the appointments to be made in 10 days.

Subsequently, the court questioned the AG on proposals issued by the collegium for transfer of judges. Justice Sanjay Kishan Kaul, who led the bench, said “If transfer orders are not implemented, what do you want us to? Should we withdraw work from them? This is very very serious to my mind!”

The AG at this point asked the court to defer the hearing of the case by a week, to take appropriate instructions on this before apprising the court. The court, while agreeing to grant the deferral by a week, warned that any delay in transfers may result in admin and judicial actions which may not be ‘palatable.’

Advocate Prashant Bhushan, informed the court that on many occasions, the government has returned collegium recommendations, despite being reiterated. He stated that the government has no option but to appoint the recommended person, if the collegium reiterates its recommendation. The bench agreed to consider this issue on the next date of hearing.

The case is likely to be taken up for hearing next week.