Courts Update DRT Bar Association challenges rules which bars Advocates as...

DRT Bar Association challenges rules which bars Advocates as Presiding Officer of Debt Recovery Tribunal

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New Delhi Aug 10(ILNS): The Supreme Court on Monday issued a notice to the Central Government on a Petition filed by the DRT Bar Association against excluding advocates from applying for the post of Presiding Officer of Debt Recovery Tribunal and Debt Recovery Appellate Tribunal.

The Petition has been filed by the Debt Recovery Tribunal (DRT) Bar Association through advocate Viresh Saharya.

A bench comprising of Justice L Nageswara Rao and Justice Aniruddha Bose on Monday issued notice to the Central government but refused to grant any interim relief.

The Plea has challenged the Tribunal, Appellate Tribunal, and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Amendment Rules, 2021 which goes to the extent that it excludes advocates from applying for the post of the presiding officer in Debt Recovery Tribunals and Debt Recovery Appellate Tribunal.

Rules are illegal and arbitrary since the same rules allow advocates to be appointed judicial members, presiding officer/chairman for nine tribunals, and appellate tribunals alleged the Petition.

It is further alleged in the Plea that the Centre, based on these rules, has issued an advertisement dated July 2021 inviting applications for the post of the presiding officer for Debt Recovery Tribunals all over India excluding advocates which is completely contrary to Supreme Court judgment.

It is pertinent to note that Senior Counsel Rakesh Kumar Khanna, who appeared for the Petitioner sought interim direction to allow lawyers to apply for the same./ILNS/SS/SNG

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