Ensure That Withdrawl Of DDO Power Doesn't Affect The Regular Salary Of Foreigners’ Tribunal Members: Gauhati High Court To State
The Gauhati High Court directed the Assam Government to Ensure that the withdrawal of the Drawing and Disbursing Officer (DDO) power should not come in the way of regular payment of the salaries of the Members of the Foreigners’ Tribunals.
The Single Bench of Justice Suman Shyam stated 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 state has produced a copy of the written instruction issued by the Deputy Secretary to the Govt. of Assam, Political (B) Department. As per the written instruction four issues, identified by this Court, have so far been dealt with by the State in the following manner :
1. Regarding low rate of disposal in some of the Foreigners’ Tribunals.
2. Regarding library facilities in the Foreigners’ Tribunals.
3. Regarding training to the Members of Foreigners’ Tribunals. In compliance of the Hon’ble
4. Regarding providing law journals to the Members of Foreigners’ Tribunals.
Standing Counsel of the Gauhati High Court appeared for the Petitioner, while S.C. Keyal, Assistant Solicitor General of India, appeared for the Respondent.
Court Reasoning
The court observed that “The Issue Nos.1 and 2, noted herein above, are concerned, the department may require some more time to come out with some define outcome of the process. The matter covered by issue No.3 has already been addressed by holding training programme. However, the stand of the department pertaining to the Issue No.4 appears to be completely unsatisfactory.”
Furthermore, 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”
Cause Title: XXX XXX XXX v. In Re the Government of Assam & 3 Anr. [WP(C)/1754/2015]
Appearance
Petitioner: Standing Counsel, Gauhati High Court
Respondent: S.C. Keyal, Assistant Solicitor General of India, Government Advocate, Assam, C. Choudhury, R. Borpujari,Standing Counsel, Finance Department,H. K. Das (Standing Counsel, Gauhati High Court),A. Gayan (Central Government Counsel – C.G.C),D. Mazumdar (Additional Advocate General, Assam), Senior Government Advocate, Assam B. K. Chteri, Senior Standing Counsel, Foreigners Tribunal U. K. Nair.
