Ensure That Members Of Foreigners' Tribunal Are Paid Salaries Regularly: Gauhati High Court To Assam Govt

The Gauhati High Court asked Assam Government to ensure that withdrawal of the power of Drawing and Disbursing Officer (DDO) from the Members of Foreigners' Tribunals, should not come in the way of regular payment of the salaries by the Members of the Foreigners' Tribunals. The single judge bench of Justice Suman Shyam was hearing a Writ petition related to the infrastructure for the Foreigners' Tribunal.The Amicus Curiae drew the attention of the Court to the fact that the power of Drawing and Disbursing Officer (DDO) has been withdrawn from the Members of Foreigners' Tribunals thus, "adversely affecting the functioning of the Foreigners' Tribunals". It was submitted that Members have also been deprived of the power of drawing their salary and allowances thereby causing serious difficulty in the functional sphere.The Senior Additional Advocate General appearing for the State sought some time to seek instruction on this issue.“Such request of Mr. Mazumdar appears to be reasonable and is hereby allowed. However, it is made clear that the respondents would be at liberty to take appropriate steps in the matter so as to ensure that withdrawal of the power of DDO from the learned Members of the Foreigners' Tribunals, if any, should not come in the way of regular payment/drawal of the salaries by the Members of the Foreigners' Tribunals,” the Court said.Earlier, the court had in its January 7 order identified four issues and sought the response of the State Government.The Senior Additional Advocate General for the State of Assam produced a copy of the written instruction dated May 03, 2025 issued by the Deputy Secretary to the Government of Assam, Political (B) Department, addressing the said four issues as follows:“1. Regarding low rate of disposal in some of the Foreigners' Tribunals. IGP (Border), Assam has been requested to take necessary steps to transfer such pending cases in a phased manner within the district in order to improve the rate of disposal of pending cases in Foreigners Tribunals. 2. Regarding library facilities in the Foreigners' Tribunals. Communications have been received from Members of 69 Foreigners' Tribunals. Out of these, 59 Members have expressed willingness to set up library facilities within their respective offices. However, 10 Members have reported non-availability of space in their premises to accommodate such a facility.3. Regarding training to the Members of Foreigners' Tribunals. In compliance of the Hon'ble Court, a One-day Training programme for the Members of Foreigners' Tribunals was conducted on 26.04.2025 in Assam Administrative Staff College, Khanapara, Ghy, which was inaugurated by Hon'ble Mr. Justice Suman Shyam, Judge, Gauhati High Court. The Hon'ble Mr. Justice K. R. Surana, Judge, Gauhati High Court has also delivered a session as resource person on Procedural laws to be followed by Foreigners' Tribunals during training. Hon'ble Mr. Justice (Retd.) P. K. Deka, Former Judge, Gauhati High Court elaborated the participants on Appreciation of Documentary and Oral evidence in Foreigners' Tribunals and the Hon'ble Mr. Justice (REtd) B. K. Sharma, Former Judge, Gauhati High Court address the Ld. Members of FTs on Foreigners Laws in Assam on the said training programme.4. Regarding providing law journals to the Members of Foreigners' Tribunals. The matter is currently under process in this department.”The Court noted that the stand of the department pertaining to the Issue No.4 is completely unsatisfactory.Thus, the Court directed that at least two local journals viz., GLR and GLT be furnished to each of the Members of Foreigners' Tribunals on regular basis with effect from the month of May, 2025, until further orders, so as to enable them to constantly update their knowledge base on the latest judgments of the Supreme Court and the Gauhati High Court on the relevant topics.The matter is listed again on June 24.Case Title: XXX XXX XXX v. In Re- the Government of Assam & 3 Anr.Case No.: WP(C)/1754/2015Click Here To Read/Download Order

Ensure That Members Of Foreigners' Tribunal Are Paid Salaries Regularly: Gauhati High Court To Assam Govt

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